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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you become hurt either in an accident or by way of the willful neglect of someone? At times 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 get on with your life.
But there are times you need someone to take your side. Someone who will fight for you. Someone who will fight for your side. Sometimes you really should have a Winslow personal injury professional 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 prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is very hard. But staying cool and logically oriented can be the difference between getting the fair price that you deserve or dropping the case empty handed.
A successful Winslow personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even fully realize the potential consequences of what could happen until talking with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Winslow Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL generally tackles a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of another.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that 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 financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% 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 settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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.
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Winslow
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!