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Have you or a loved one become injured in an accident or by way of the willful negligence of someone? Sometimes things can be worked out through personal insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move forward.
But perhaps you really could use someone to take your side. Someone that will fight for your cause. Someone who can really fight on your side. That’s when you really should have a Colorado City personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But staying cool and collected can be the difference between getting the best payment that you deserve or quitting the case broke.
A successful Colorado City personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the implications of the situation until sitting down with a legal professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and whether or not they can be of service, and help you move ahead with the process of any possible claim.
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What is a Colorado City Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally takes a large variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other main field of a PIL is the intentional tort case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, unlike most other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Colorado City
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they needed and deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!