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Has a loved one or you become hurt in an accident or through the willful negligence of someone? There are times issues can be worked out through insurance or through a small claims court. If it is not worth fighting for it’s best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to get your back. Someone that will fight for you. Someone who will really fight on your side. That’s when you really should retain a Page personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is challenging. But keeping calm and logical can be the difference between getting the appropriate payment or quitting the case empty handed.
An experienced Page personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the facts of what’s happening until sitting down with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Page Auto Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney fight for?
A PIL usually tackles a wide number of cases that fall into two primary categories. 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 caused by 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 another person.
The second main field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of law, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications 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 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 case could potentially end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is fully 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 settling the case will keep it low profile. This is especially important for well-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 parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 in the best interest of either party. The plaintiff would rather settle for a little 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 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 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Auto Accident Lawyers Near Me in Page
Here at DeLozier Law, we have over 4 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!