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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one been injured either in an accident or through the negligence of someone? Sure, sometimes issues can be solved through insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth .
But maybe you really could use someone to have your back. Someone who will fight for your case. A person who can really fight for your side. Then you really must have a Pinetop-Lakeside personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is challenging. However, staying cool and logical can make the difference between receiving the fair compensation or leaving the case with a situation you will never recover from.
A Pinetop-Lakeside personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Most people may not even understand the breadth of what might occur until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with any potential case.
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What is a Pinetop-Lakeside Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response. But what cases would a personal injury lawyer fight for?
The PIL generally tackles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is basically endless.
In addition, which is different than most other fields of law, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may end up in front of a judge.
But 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Pinetop-Lakeside
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!