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Has a loved one or you become hurt either in an accident or through the negligence of someone? Many times incidents can be determined by personal insurance or through a small claims case. Occasionally it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth .
But at times you could use someone to have your back. Someone who will gun for you. A professional who will really fight for your side. Those are the times you really need a Wellton personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. However, staying calm and logical can be the difference between receiving the best compensation that you deserve or quitting the case with a situation you will never recover from.
A great Wellton personal injury lawyer 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 challenging legal system. If you are like most people, you may not even realize the full breadth of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential case.
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What is a Wellton PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation 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 someone else, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL generally takes a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second main study of a PIL is the intentional wrongful case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is basically endless.
In addition, unlike pretty much all other fields of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful PTSD Injury Lawyer Near Me in Wellton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they 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!