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Has a loved one or you been hurt either in an accident or through the neglect of others? At times things can be resolved through personal insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you need someone to have your back. Someone who will gun for you. Someone who can fight for your side. Then you really should have a Litchfield Park personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury happened.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is challenging. However, keeping cool and logical can be the difference between getting the proper payment that you deserve or quitting the case feeling incompetent.
A Litchfield Park personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the facts of what might occur until sitting down with a professional. An attorney can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move forward with any possible claim or case.
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What is a Litchfield Park PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when said dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from 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 entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney take?
The PIL generally handles a large number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, separate from nearly all other fields of the legal universe, personal injury lawyers nearly always 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 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 send back a 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 just flat-out refused that a claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim to court. 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 absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or only is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful PTSD Injury Lawyer Near Me in Litchfield Park
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 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!