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Has a loved one or you been hurt either in an accident or through the negligence of others? Sometimes issues can be dealt with by insurance or through a small claims court. Occasionally it’s probably a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you really need someone to get your back. Someone who will really fight for you. A professional who will fight on your side. Sometimes you really should have a Winslow personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is hard. However, remaining calm and logically oriented can be the difference between getting the best payment or going home with a situation you will never recover from.
An experienced Winslow personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Many people may not even understand the implications of what could happen until speaking with a legal professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move forward with any possible case.
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What is a Winslow Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena 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 attorney is usually hired to start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party could hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents related to the case, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases can a personal injury attorney take?
The PIL usually takes a large variety 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 negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary field of a PIL is the intentional injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 can end up going to court.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 would rather settle for less in a guaranteed win. This, versus demanding the 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 PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turned out, decides if they will push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Winslow
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 602-989-1759!