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What a Hurt in a Wreck Lawyer does:
Have you or a loved one become injured in an accident or by way of the willful negligence of someone? At times problems can be dealt with by personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But maybe you really need someone to take your side. Someone that will really gun for your cause. A professional who can really fight for your side. That’s when you really need a Taylor personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not ever a good time. It’s a very trying time, and being objective is nearly impossible. But staying cool and logically oriented can be the difference between receiving the best compensation that you deserve or going home feeling incompetent.
A successful Taylor personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what’s happening until sitting down with a legal professional. That person can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with any possible case.
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What is a Taylor Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 begin the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
A PIL usually tackles a large number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 other primary study of a PIL is the intentional tort case. A purposeful tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, separate from pretty much all other areas of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be 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 the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can 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 party that is liable 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 settlement can help keep the case 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 provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible 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 finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of gathering 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation works out, chooses if they will push to bring the claim to trial. This is determined by how much the other party 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 file a court case. If the other party agrees to some terms but not others or partially agrees, 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 Hurt in a Wreck Lawyer in Taylor
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!