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What a Elder Abuse Lawyer Near Me does:
Have you or a loved one become hurt in an accident or by way of the neglect of someone? Sure, sometimes issues can be settled through personal insurance or through a small claims court. Every once in a while it can be best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you need someone to have your back. Someone who will fight for your case. Someone who will really fight on your side. Sometimes you really must have a Avondale personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the incident occurred.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is very hard. However, staying cool and collected can be the difference between getting the best payment that you deserve or dropping the case with no recourse.
A successful Avondale personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even comprehend the full breadth of the situation until conversing with a professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with any possible claim.
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What is a Avondale Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets 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 start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL usually takes a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give 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 legal professional has built 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 required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim 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 file a court case. If the other party agrees to some of the terms but not others or only partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Avondale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!