Top Rated Wrongful Death Lawyer Near Me in Graham County For 2024
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What a Wrongful Death Lawyer Near Me does:
Has a loved one or you become hurt in an accident or by way of the willful negligence of someone? Sure, sometimes things can be worked out by insurance or through a small claims court. If it is very minor it’s a good idea to drop it and get on with your life.
But there are times you really need someone to have your back. Someone who will fight for your cause. Someone who will really fight for your side. Sometimes you really need a Graham County personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is very hard. But remaining cool and logically oriented can make the difference between getting the proper price that you deserve or going home with a situation that you will not like at all.
A great Graham County personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the facts of the situation until speaking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and whether 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 Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually retained 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 lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party may retain a personal injury professional when said case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
The PIL generally takes a wide variety of cases falling into two primary fields. 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 another.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. 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 these 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 case may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is fully 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 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 provide unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term 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 just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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 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 detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts 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. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death 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!