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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or by way of the neglect of someone? Sure, sometimes incidents can be solved by insurance or through a small claims court. Every once in a while it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to take your side. Someone who will fight for you. Someone who can really fight for your side. Sometimes you really need a Colorado City personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s an emotional time, and seeing the situation objectively is difficult. However, staying calm and logical can be the difference between receiving the proper compensation that you deserve or dropping the case broke.
A great Colorado City personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the breadth of the situation until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Colorado City Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of 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 could a personal injury lawyer fight for?
A PIL generally takes a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 someone.
The second main field of a PIL is the intentional injustice case. A purposeful tort occurs when one person purposely hurts another person. This includes 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 essentially endless.
In addition, which is different than most other areas of the legal world, 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 should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal 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 receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up going to court.
However, it is rare 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 unneeded legal costs. If the liable 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. 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 provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if anyone 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 having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Colorado City
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 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!