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Has a loved one or you become injured in an accident or through the willful neglect of others? Sometimes problems can be settled by personal insurance or through a small claims case. If it is not worth fighting for it can be a good idea to forget about it and move forward because it may cause you more headache than it is worth .
But at times you need someone to take your side. Someone who will really gun for you. Someone who will fight for your side. Sometimes you really should have a Thatcher 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 harmed by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is hard. However, keeping cool and logically oriented can be the difference between getting the best compensation that you deserve or dropping the case with no recourse.
An experienced Thatcher personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. Many people may not even realize the implications of what’s happening until talking with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with the process of any potential claim.
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What is a Thatcher Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
The PIL generally tackles a large variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of law, personal injury professionals nearly always work on a contingency fee basis. What this means is 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 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 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 totally unacceptable that a case may very well end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 settlement can help keep the case on the down low. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 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 award a much lesser amount.
What are the Personal Injury Lawyer’s 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 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 happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Thatcher
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!