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Have you or a loved one become hurt either in an accident or by way of the neglect of someone? There are times problems can be determined through insurance or through a small claims case. If it is not worth fighting for it can be 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 fight for your case. A professional who can fight for your side. That’s when you really must have a Graham County personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and being objective is challenging. But remaining calm and logical can make the difference between getting the fair price or leaving the case with nothing.
A great Graham County personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even comprehend the implications of what could happen until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with any possible claim.
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What is a Graham County Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
The PIL usually tackles a large variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who 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 strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim could potentially end up in court.
However, 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. 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 bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And finally, settlement allows the plaintiff 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 lawyer 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Injury From Doctor Lawyer Near Me 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!