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Duties of a Hurt in a Wreck Lawyer:
But maybe you really need someone to have your back. Someone who will really gun for your cause. A person who can fight for your side. That’s when you really must have a Clifton personal injury lawyer that will fight for your rights, both financial and individually, 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 the situation objectively is very hard. But keeping calm and logically oriented can make the difference between receiving the best payment that you deserve or quitting the case feeling incompetent.
A Clifton personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Many people may not even fully realize the facts of what could happen until talking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and whether or not 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 Clifton Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 another person, a civil lawyer is usually hired to start 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 will retain a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
The PIL usually handles a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is essentially endless.
In addition, unlike most other fields of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim 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 variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 in the best interest of either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Clifton
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 602-464-9666!