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Things a Hurt in a Wreck Lawyer does:
Have you or a loved one become hurt either in an accident or through the willful negligence of others? At times incidents can be worked out through insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But perhaps you could use someone to take your side. Someone that will really gun for your case. A professional who can fight on your side. Sometimes you really need a Apache County personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is very hard. But staying cool and collected can make the difference between receiving the proper payment that you deserve or going home feeling like you didn’t get what you wanted.
A successful Apache County personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of what’s happening until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Apache County Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired 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 party might retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
The PIL generally tackles a wide variety of cases that can be separated into two main groups. 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 a person.
The second primary field of a PIL is the intentional tort case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is basically endless.
In addition, unlike nearly all other areas of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can 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 case can end up in court.
However, 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they would 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 out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment as soon as possible 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 simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 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 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 requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. 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 decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Hurt in a Wreck Lawyer in Apache 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!