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What a Hurt in a Wreck Lawyer does:
Have you or a loved one been hurt in an accident or by way of the negligence of others? There are times incidents can be solved by insurance or through a small claims case. Occasionally it’s probably best to walk it off and move forward.
But sometimes you really could use someone to have your back. Someone that will really fight for you. A person who can fight for your side. Those are the times you really must have a Buckeye personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is hard. However, staying calm and logically oriented can be the difference between receiving the appropriate payment that you deserve or dropping the case feeling incompetent.
A Buckeye personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even fully realize the facts of what’s happening 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 how they can help with your case, and help you move forward with any possible claim.
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What is a Buckeye Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
A PIL usually takes a wide variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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.
The other primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal world, PILs almost 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 wins the case. It means that there is no upfront payment, for consultation or otherwise. 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 so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may end up in court.
But it is unusual 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 costs. If the other party is totally aware that they are at fault for the incident that led to the claim, they probably do 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 on the DL. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 legal professional 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 demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Buckeye
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they needed and 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!