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Have you or a loved one been hurt either in an accident or by way of the negligence of others? Sometimes problems can be solved through insurance or through a small claims court. Every once in a while it’s best to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to get your back. Someone that will gun for your case. A professional who will fight on your side. Those are the times you really should have a Buckeye personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is challenging. However, staying cool and logically oriented can be the difference between receiving the best payment or going home feeling incompetent.
A Buckeye personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the implications of what’s happening until talking with a legal professional. That person can help you see all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with any possible case.
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What is a Buckeye Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 another person, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather everything in 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 the claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
The PIL usually handles a wide number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be 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 person.
The other primary study of a PIL is the intentional tort case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. 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 the last 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 do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up going to 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. 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 agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. The plaintiff would rather settle for 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 due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, chooses if they will 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 Nursing Home Abuse Lawyer Near Me in Buckeye
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 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!