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Have you or a loved one been injured either in an accident or by way of the neglect of others? At times issues can be dealt with by insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to forget about it and get on with your life.
But perhaps you could use someone to take your side. Someone who will really gun for your case. A person who can really fight for your side. Those are the times you really need a Greenlee County personal injury lawyer 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 happened.
Being harmed by a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is nearly impossible. But staying cool and collected can be the difference between receiving the fair price that you deserve or quitting the case broke.
A Greenlee County personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Most people may not even get the facts of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Greenlee County Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity on behalf of 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 start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and more.
After the PIL 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, research any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
The PIL usually handles a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, and in contrast to nearly all other fields of the legal universe, personal injury attorneys 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 has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim could potentially end up in court.
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 liable party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly 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 of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award sooner 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 complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim 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 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 determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Red light Car Accident Attorney near Me in Greenlee 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!