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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or through the negligence of others? At times incidents can be solved through personal insurance or through a small claims court. Every once in a while it’s best to drop it and get on with your life.
But maybe you need someone to take your side. Someone that will really gun for your case. Someone who can really fight on your side. Sometimes you really need a Greenlee County personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is hard. However, keeping calm and logical can be the difference between receiving the proper compensation that you deserve or going home broke.
An experienced Greenlee County personal injury professional can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Many people may not even fully realize the potential consequences of what could happen until speaking with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with the process of any possible case.
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What is a Greenlee County Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person might hire a personal injury professional when said dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL usually handles a wide number of cases that can be divided into two primary 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 at the hands of a doctor, nurse, or other medical practitioner. 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 intentional tort case. A purposeful tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is essentially endless.
In addition, which is different than most other areas of law, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 unacceptable that a claim will end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A large 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 hasten the process. Extended trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 the best situation for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, 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 Personal Injury Lawyer Near Me in Greenlee County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!