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Have you or a loved one become injured either in an accident or by way of the neglect of someone? At times problems can be dealt with through personal insurance or through a small claims court. Occasionally it’s best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to take your side. Someone that will gun for your case. Someone who can really fight for your side. Those are the times you really should have a Buckeye personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and seeing the situation objectively is difficult. But remaining cool and collected can make the difference between receiving the appropriate compensation or going home feeling like you didn’t get what you wanted.
A great Buckeye personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even understand the facts of what’s happening until discussing the matter with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether or not they can be of service, and help you move ahead with any potential claim or case.
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What is a Buckeye Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party could retain a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
A PIL usually tackles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 someone else.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is pretty much endless.
In addition, which is different than most other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% 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 big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award sooner rather than down the road. Or they may simply not want to finish the exhausting 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 opposing party. This letter includes a 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 whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Buckeye
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!