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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you become hurt in an accident or through the negligence of others? There are times problems can be resolved by insurance or through a small claims court. If it is extremely minor it can be best to forget about it and move forward.
But there are times you could use someone to have your back. Someone that will really fight for your cause. A person who will really fight for your side. Those are the times you really need a Graham County personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and logical can be the difference between receiving the fair price or quitting the case a permanently awful situation.
An experienced Graham County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of what could happen until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Graham County Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
A PIL generally tackles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary study of a PIL is the intentional injustice case. An intentional tort occurs 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 reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, 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 otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a claim can 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely 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 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 happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement to terms, 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 Personal Injury Lawyer Near Me in Graham County
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 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!