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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or by way of the negligence of someone? Many times problems can be resolved by personal insurance or through a small claims court. Every once in a while it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you need someone to take your side. Someone who will fight for your case. A professional who can really fight for your side. Those are the times you really need a Greenlee County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is challenging. But staying calm and logical can be the difference between receiving the proper compensation that you deserve or leaving the case with a situation that you will not like.
An experienced Greenlee County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what could happen until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and how 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 Greenlee County Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
A PIL generally takes a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of law, personal injury lawyers nearly always 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an 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 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 can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation in the near term rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 what either party wants. 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 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 lawyer may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Greenlee County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!