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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? Sure, sometimes things can be solved by personal insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and get on with your life.
But at times you really could use someone to take your side. Someone that will gun for your case. Someone who will really fight on your side. Sometimes you really should retain a Douglas personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is difficult. But keeping cool and collected can be the difference between receiving the proper payment that you deserve or dropping the case feeling horrible.
A great Douglas personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Most people may not even realize the potential consequences of what’s happening until sitting down with a professional. That person can help you see all of this objectively, determine if a possible claim exists and how 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 Douglas Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 attorney is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person might 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 caused by 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 confront all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional can file a lawsuit in response. But what kinds of cases does a personal injury attorney accept?
The PIL usually tackles a large number of cases that fall into two primary categories. 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 uncaring state or incompetence of a person.
The other primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is basically endless.
In addition, unlike 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 has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an 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 unacceptable that a personal injury claim could potentially end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment 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 finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the 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 finding 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees 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 others or only is in partial agreement to terms, it will be up to the plaintiff 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 Douglas
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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 602-989-1759!