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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you become injured in an accident or through the willful neglect of others? There are times issues can be solved through insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to walk it off and get on with your life.
But perhaps you could use someone to take your side. Someone that will really fight for your case. Someone who will really fight for your side. That’s when you really must have a Clarkdale personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is difficult. But keeping calm and logical can make the difference between getting the appropriate compensation or going home with no settlement.
A successful Clarkdale personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even realize the full breadth of what could happen until talking with a professional. That person can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with any possible case.
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What is a Clarkdale Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused 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 coming from the injury such as medical costs, mental health issues 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, get any and all documents related to the case, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally tackles 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, 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 negligence or incompetence of a person.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up in court.
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 costs. If the other party 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 settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award sooner 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 win a legal battle.
And lastly, 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 plaintiff 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 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them 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 additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!