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Duties of a Body Injury Lawyer Near Me:
But maybe you could use someone to take your side. Someone that will gun for you. Someone who will really fight on your side. Then you really should retain a Wellton personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing things objectively is challenging. But keeping cool and collected can make the difference between receiving the proper price that you deserve or leaving the case empty handed.
An experienced Wellton personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the breadth of the situation until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move forward with any potential claim or case.
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What is a Wellton Body Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will 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 legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL usually takes a large variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 other primary field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, separate from pretty much all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 PIL Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turned out, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Wellton
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!