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Duties of a Car Accident Lawyer:
But sometimes you could use someone to take your side. Someone that will fight for your case. A professional who will fight on your side. Then you really must have a Wellton personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But remaining cool and collected can make the difference between getting the proper payment that you deserve or leaving the case with no money.
An experienced Wellton personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Most people may not even realize the full breadth of what’s happening until discussing the matter with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with any potential case.
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What is a Wellton Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party will retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
A PIL usually handles a large variety 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 negligence, 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 carelessness or incompetence of a person.
The other primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of law, PILs generally work on a contingency fee basis. What this means is 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 just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last 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 just flat-out refused that a personal injury claim may very well end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of 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 completely 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 accusing party would rather settle for a little 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.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses 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 Car Accident Lawyer in Wellton
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 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 602-464-9666!