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Have you or a loved one been injured in an accident or through the negligence of someone? Many times incidents can be dealt with by insurance or through a small claims case. Occasionally it’s probably best to forget about it and move forward because it may cause you more headache than it is worth .
But perhaps you could use someone to get your back. Someone who will really fight for your case. A person who can really fight on your side. Then you really should retain a Lake Havasu City personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is challenging. But remaining calm and logical can be the difference between receiving the best payment that you deserve or quitting the case with a situation you will never recover from.
A Lake Havasu City personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the full breadth of what could happen until talking with a professional. A legal adviser can help you see all of this objectively, determine the claim and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Lake Havasu City Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response. But what cases would a personal injury lawyer take?
A PIL generally handles a wide variety 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. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, which is different than most other areas of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won 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 necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up going to trial.
However, 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 unnecessary legal fees. If the liable party is totally 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 or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials 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 probably wants financial payment sooner rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Lake Havasu City
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!