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What a Hurt in a Wreck Lawyer does:
Have you or a loved one been hurt either in an accident or by way of the willful negligence of someone? Sure, sometimes incidents can be resolved by insurance or through a small claims case. If it is not worth fighting for it’s probably best to drop it and get on with your life.
But there are times you need someone to take your side. Someone that will gun for your cause. A professional who can fight for your side. That’s when you really must have a Graham County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing the situation objectively is difficult. However, remaining cool and logical can make the difference between receiving the proper payment or leaving the case with no money.
A great Graham County personal injury attorney can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of the legal system. Most people may not even fully realize the implications of what’s happening until sitting down with a professional. That person can help you realize 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 or case.
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What is a Graham County Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person will hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually tackles a large variety of cases that can be separated into two primary groups. 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 negligence or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of law, PILs almost always 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 otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 totally unacceptable that a case may end up going to trial.
However, 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 unnecessary legal costs. If the liable party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees, 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 Hurt in a Wreck Lawyer in Graham County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!