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What a Red light Car Accident Attorney near Me does:
Have you or a loved one become injured in an accident or by way of the willful neglect of someone? Sure, sometimes problems can be worked out through personal insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and get on with your life.
But at times you could use someone to get your back. Someone who will fight for you. A professional who can fight for your side. That’s when you really should have a Graham County personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, remaining cool and logically oriented can be the difference between getting the proper payment or quitting the case with no money.
A great Graham County personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the implications of the situation until talking with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Graham County Red light Car Accident Attorney?
To begin with, 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 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 someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer 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 found, gather any and all documents in relation to your claim, and use all available 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 fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
A PIL usually tackles a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary field of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to most other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim can end up going to 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 fully 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 low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 for the best. The accusing party would rather settle for 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of finding 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 incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or 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 Red light Car Accident Attorney 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 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!