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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you become injured in an accident or by way of the negligence of others? Sometimes issues can be resolved by personal insurance or through a small claims case. If it is very minor it can be best to forget about it and move on.
But maybe you need someone to take your side. Someone who will gun for your case. A professional who will fight for your side. Those are the times you really should have a Bisbee personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing things objectively is difficult. However, remaining calm and logically oriented can be the difference between receiving the appropriate compensation that you deserve or dropping the case with no recourse.
An experienced Bisbee personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the facts of what might occur until talking with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any possible claim.
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What is a Bisbee Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person might hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response. But what cases would a personal injury attorney accept?
A PIL usually tackles a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 uncaring state or incompetence of another.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential reasons for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal world, PILs nearly always 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 overcome 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 the final steps of the process aren’t so simple. 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 unacceptable that a case could potentially end up going to trial.
But 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award sooner rather than later. 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 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 the best situation. The accusing party would 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 court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the 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 other party agrees to the settlement terms.
Choose the Successful Hurt in a Wreck Lawyer in Bisbee
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!