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Have you or a loved one been hurt in an accident or through the willful negligence of someone? Many times problems can be settled by insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to forget about it and move on.
But at times you need someone to get your back. Someone who will really gun for your cause. A professional who will fight on your side. Those are the times you really need a Williams personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and being objective is nearly impossible. But keeping cool and logical can make the difference between receiving the proper price that you deserve or dropping the case worse off than before.
An experienced Williams personal injury professional can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even fully realize the breadth of what might occur until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Williams Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of 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 another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney take on?
The PIL generally handles a wide number of cases that can be divided 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. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other primary field of a PIL is the intentional wrongful case. An intentional tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of the legal world, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in 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 last steps of the process aren’t so simple. The injured party can 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 claim will end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is fully aware that they are at fault for the incident that led to the claim, they would 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 low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 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 lawyer may attempt to negotiate a settlement, and depending on how the negotiation works out, decides if they will 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 put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court 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 Williams
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!