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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you been injured either in an accident or through the willful neglect of others? There are times issues can be settled by personal insurance or through a small claims court. If it is very minor it can be best to forget about it and move on.
But there are times you need someone to have your back. Someone who will fight for your case. A professional who will really fight for your side. Those are the times you really must have a La Paz County personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing things objectively is challenging. But remaining cool and logical can make the difference between getting the fair payment that you deserve or quitting the case feeling incompetent.
An experienced La Paz County personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the facts of what could happen until sitting down with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible claim.
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What is a La Paz County Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person can hire a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL usually handles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to most other areas of law, PILs generally work on a contingency fee basis. This means 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 otherwise. Their fee is based solely 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 so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim could potentially end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses 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 completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, 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 Hurt in a Wreck Lawyer in La Paz County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!