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Have you or a loved one been hurt either in an accident or by way of the willful negligence of someone? Sometimes problems can be dealt with through personal insurance or through a small claims case. If it is extremely minor it can be best to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you really could use someone to get your back. Someone who will really fight for you. Someone who will really fight for your side. Those are the times you really should retain a Superior personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is difficult. However, keeping cool and logically oriented can be the difference between getting the fair price or dropping the case a permanently awful situation.
An experienced Superior personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even get the breadth of what’s happening until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move forward with any potential claim or case.
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What is a Superior Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables 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 bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
A PIL generally takes a wide variety of cases falling into two primary 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 carelessness or incompetence of another person.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is essentially endless.
In addition, separate from most other areas of the legal universe, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. 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 the final steps of the process aren’t necessarily easy. 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 totally unacceptable that a claim will end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 attorney has formed 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 requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Superior
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 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!