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What a PTSD Injury Lawyer Near Me does:
Has a loved one or you become injured in an accident or through the negligence of others? Sometimes things can be resolved by insurance or through a small claims case. If it is very minor it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to take your side. Someone who will really gun for your cause. A person who can fight for your side. Those are the times you really need a Douglas personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the incident happened.
Being harmed by a crime, accident, or willful negligence is never fun. It’s an emotional time, and seeing things objectively is very hard. But keeping cool and logically oriented can be the difference between receiving the proper payment or going home worse off than before.
An experienced Douglas personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. Most people may not even understand the full breadth of what might occur until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine the claim and if they can be of service, and help you move ahead with any possible claim.
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What is a Douglas PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person could hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
A PIL generally handles 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 negligence, 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 primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person 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 causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of law, personal injury attorneys usually work on a contingency fee basis. What this means is 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 just upon a percentage of the financial compensation received by their client.
What Are the Implications 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 receiving 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 case can end up in front of a judge.
However, it is unusual 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 fees. If the other party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything 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 the best situation for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 attorney has built 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 incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Douglas
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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 602-989-1759!