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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or by way of the willful negligence of others? There are times problems can be solved by insurance or through a small claims case. Every once in a while it can be probably a good idea 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 need someone to have your back. Someone that will really fight for you. A person who will fight on your side. Sometimes you really should retain a Graham County personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and being objective is nearly impossible. However, staying calm and logical can be the difference between receiving the proper price that you deserve or leaving the case feeling like you didn’t get what you wanted.
A great Graham County personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of what could happen until speaking with a professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and whether they can be of service, and help you move ahead with the process of any possible claim.
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What is a Graham County Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person might hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney fight for?
A PIL usually handles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of someone else.
The second primary field of a PIL is the intentional tort case. A purposeful tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 could potentially end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may just not want to complete the ridiculously long 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 in the best interest of either party. 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Graham County
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!