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What a Hurt in a Wreck Lawyer does:
Have you or a loved one been injured either in an accident or through the negligence of others? Sometimes things can be settled through insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and get on with your life.
But at times you really need someone to take your side. Someone that will really fight for you. A professional who will really fight for your side. Those are the times you really should have a Benson personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and logical can make the difference between getting the appropriate price that you deserve or dropping the case with no settlement.
An experienced Benson personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Many people may not even understand the breadth of the situation until discussing the matter with a professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Benson Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
The PIL generally handles a large number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main study of a PIL is the intentional wrongful case. A purposeful 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. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final 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 unacceptable that a claim 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 a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award sooner rather than down the road. Or they may simply not want to go through 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 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail 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, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Benson
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!