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Has a loved one or you become injured in an accident or through the willful negligence of someone? At times incidents can be resolved through insurance or through a small claims case. If it is very minor it’s probably best to walk it off and get on with your life.
But sometimes you could use someone to have your back. Someone that will really fight for you. A person who can really fight on your side. Then you really need a Winslow personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is challenging. But remaining cool and logical can be the difference between getting the fair compensation that you deserve or quitting the case feeling horrible.
A successful Winslow personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even fully realize the implications of what’s happening until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Winslow Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally retained to recover money 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the legal professional has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
The PIL usually tackles a large number of cases that can be divided into two primary groups. 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 negligence or incompetence of another person.
The other main study of a PIL is the intentional injustice case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of law, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal 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 receiving 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 personal injury claim will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party 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 settlement can help keep the case out of the news and the public eye. 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 provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 in the best interest of either party. 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. 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 terms but not all of them or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Winslow
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!