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What a PTSD Injury Lawyer Near Me does:
Has a loved one or you been injured in an accident or by way of the neglect of others? Sure, sometimes issues can be solved through insurance or through a small claims case. Every once in a while it’s probably a good idea to drop it and get on with your life.
But maybe you could use someone to take your side. Someone who will fight for your cause. A professional who will really fight for your side. Those are the times you really should retain a Winslow personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. However, staying cool and collected can make the difference between receiving the best compensation or dropping the case with no recourse.
A great Winslow personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the potential consequences of the situation until speaking with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and whether they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Winslow PTSD Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
A PIL usually handles a large variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting 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 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 Duties?
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 opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Winslow
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!