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Duties of a PTSD Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or through the willful neglect of others? Sure, sometimes problems can be worked out through insurance or through a small claims case. Every once in a while it’s probably a good idea to forget about it and move forward.
But there are times you really need someone to take your side. Someone that will really gun for you. A professional who can fight for your side. That’s when you really need a Clifton personal injury attorney 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 occurred.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is nearly impossible. However, staying calm and logically oriented can make the difference between receiving the appropriate compensation or going home with your tail between your legs.
A great Clifton personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our legal system. Most people may not even fully realize the breadth of what could happen until talking with a professional. That person can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Clifton PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured person could retain a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
The PIL usually takes a large variety of cases that can be divided 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 is usually at the hands of 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 a person.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair 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 may very well end up going to court.
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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may just 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 lastly, 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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful PTSD Injury Lawyer Near Me in Clifton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!