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Have you or a loved one been injured in an accident or by way of the neglect of someone? At times problems can be settled through insurance or through a small claims court. Occasionally it can be best to forget about it and move on because it may cause you more headache than it is worth spending your valuable time on.
But there are times you really could use someone to take your side. Someone who will really fight for your cause. A professional who will fight for your side. Then 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 to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing things objectively is difficult. But keeping cool and logically oriented can be the difference between receiving the proper payment that you deserve or leaving the case with a situation you will never recover from.
An experienced Graham County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even get the facts of the situation until sitting down with a professional. An attorney 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 ahead with any potential claim or case.
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What is a Graham County Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person might hire a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
The PIL usually handles a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of the legal universe, personal injury professionals 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 won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 could potentially end up in front of a judge.
However, 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 unnecessary legal fees. If the defending party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term 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 beat the claim.
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 for either. The plaintiff may in many cases 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 locating 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, 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 file a claim in court.
Choose the Successful Sexual Abuse Lawyer Near Me in Graham County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!