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Duties of a PTSD Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or through the willful negligence of others? There are times things can be solved by insurance or through a small claims case. If it is very minor it’s best to walk it off and move forward because it may cause you more headache than it is worth .
But there are times you really could use someone to take your side. Someone that will fight for your case. A person who will really fight on your side. Then you really need a Greenlee County personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is challenging. But keeping cool and logical can be the difference between receiving the proper compensation or dropping the case worse off than before.
An experienced Greenlee County personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even get the implications of the situation until talking with a legal professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Greenlee County PTSD Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena 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 someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems arising from the injury, and more.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer may 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 generally takes a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second main field of a PIL is the purposely executed tort case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of law, PILs generally 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 is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the 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 necessarily easy. The injured party could send back a 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 totally unacceptable that a case may end up in front of a judge.
However, 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 unneeded legal costs. If the defendant 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 settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to finish the never-ending 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 accusing party may in many cases 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.
What are the Personal Injury Lawyer’s Duties?
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 legal professional 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 incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement 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 PTSD Injury Lawyer Near Me in Greenlee County
Here at DeLozier Law, we have over 4 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!