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Has a loved one or you been hurt either in an accident or through the willful neglect of others? There are times problems can be settled through personal insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and get on with your life.
But perhaps you really could use someone to take your side. Someone who will fight for your cause. Someone who can fight for your side. Then you really should retain a Safford personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is hard. But staying cool and logical can be the difference between receiving the fair payment that you deserve or dropping the case broke.
An experienced Safford personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. Many people may not even realize the facts of what might occur until speaking with a legal professional. A legal adviser 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 forward with the process of any potential claim or case.
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What is a Safford Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
The PIL usually handles a wide variety of cases falling into two primary 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 is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally injures 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 possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of the legal world, personal injury lawyers 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 any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim can end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Safford
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!