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What a Hurt in a Wreck Lawyer does:
Has a loved one or you been hurt either in an accident or by way of the neglect of someone? Sometimes things can be settled by personal insurance or through a small claims court. Occasionally it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But perhaps you really need someone to take your side. Someone that will really gun for your case. A professional who will fight on your side. Then you really should have a Avondale personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is very hard. But staying calm and logical can make the difference between receiving the appropriate price that you deserve or leaving the case feeling horrible.
A successful Avondale personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Most people may not even understand the breadth of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any potential case.
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What is a Avondale Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial means 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 another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
The PIL generally 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, car accidents, child neglect, 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 uncaring state or incompetence of another.
The other primary field of a PIL is the purposely executed tort case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, unlike most other fields of law, personal injury attorneys 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 solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 unacceptable that a claim will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely 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 settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke 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 the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to finish the never-ending 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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 PIL Duties?
First they will take care of finding 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Hurt in a Wreck Lawyer in Avondale
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!