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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the negligence of someone? There are times issues can be determined through personal insurance or through a small claims court. Occasionally it’s best to walk it off and move on.
But sometimes you really could use someone to take your side. Someone who will really fight for you. A person who will fight for your side. That’s when you really should retain a Wellton personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing things objectively is difficult. However, staying calm and logically oriented can make the difference between receiving the fair compensation or leaving the case with nothing.
An experienced Wellton personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of what’s happening until conversing with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Wellton Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for 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 bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL generally tackles a large number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be 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 someone else.
The other main study of a PIL is the intentional injustice case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates 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 probably do not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner 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 simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 finding 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 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 other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Personal 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 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!