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Have you or a loved one been hurt either in an accident or through the neglect of someone? Sure, sometimes issues can be settled through insurance or through a small claims case. If it is extremely minor it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to get your back. Someone who will gun for your cause. A professional who can fight on your side. Those are the times you really must have a Clarkdale personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is very hard. But remaining cool and collected can make the difference between getting the fair price that you deserve or dropping the case with a situation that you will not like.
A great Clarkdale personal injury attorney can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the implications of what might occur until speaking with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with any potential case.
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What is a Clarkdale PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally retained to recover money or other assets 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases could a personal injury lawyer take on?
A PIL usually takes a large number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 negligence or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, separate from most other fields of the legal world, PILs nearly always 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 any other service. Their fee is based only upon a percentage of the 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 so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim 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 lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 low profile. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke 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. Extended court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, 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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful PTSD Injury Lawyer Near Me in Clarkdale
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!