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Has a loved one or you been injured either in an accident or by way of the willful negligence of someone? At times things can be solved through insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to walk it off and get on with your life.
But sometimes you need someone to take your side. Someone who will really gun for your cause. A professional who can really fight for your side. Those are the times you really must have a Youngtown personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, staying cool and logically oriented can make the difference between getting the proper payment or dropping the case broke.
An experienced Youngtown personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the full breadth of the situation until sitting down with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with the process of any possible claim.
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What is a Youngtown Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
The PIL usually tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could 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 may end up in court.
However, it is unusual 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 defendant is totally aware that they are at fault for the incident that led to the claim, they would 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 low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to finish 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 Duties?
First they will take care of locating 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 defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Youngtown
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!