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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one been hurt either in an accident or through the neglect of others? There are times incidents can be resolved through personal insurance or through a small claims court. If it is extremely minor it’s best to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to take your side. Someone who will really gun for you. A person who will fight for your side. Then you really should retain a Globe personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is hard. However, staying calm and collected can make the difference between receiving the best compensation or going home feeling like you should have gotten a more appropriate solution.
An experienced Globe personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the potential consequences of what might occur until sitting down with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Globe 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 money or other assets 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 lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all possible resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation doesn’t work, the attorney could fie a lawsuit in response. But what cases does a personal injury lawyer fight for?
A PIL usually handles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary field of a PIL is the intentional injustice case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other fields of the legal universe, 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 should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term 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 ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Globe
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!