Top Rated Common Carrier Accident Injury Lawyer Near Me in Graham County
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Things a Common Carrier Accident Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or by way of the neglect of others? Many times problems can be settled by insurance or through a small claims court. If it is very minor it can be probably a good idea to drop it and move on.
But at times you really need someone to take your side. Someone that will fight for you. Someone who can fight for your side. Sometimes you really need a Graham County personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is very hard. However, keeping calm and logically oriented can make the difference between getting the fair payment or dropping the case with no money.
An experienced Graham County personal injury attorney can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. Most people may not even realize the implications of what could happen until sitting down with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any potential claim.
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What is a Graham County Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired 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 a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases could a personal injury lawyer take on?
The PIL generally takes a wide number of cases that fall into two primary groups. 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 another person.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional 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. Really the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up going to trial.
But it is rare 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 costs. If the defendant is 100% 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 award 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 public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled 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 simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 may in many cases 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 court case or having a judge or jury give 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, 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, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Graham County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!