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Have you or a loved one become injured in an accident or by way of the willful neglect of others? Many times issues can be worked out through personal insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and get on with your life.
But at times you really could use someone to take your side. Someone that will gun for your case. Someone who can fight on your side. Then you really must have a Colorado City personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is challenging. However, keeping calm and collected can be the difference between receiving the proper compensation that you deserve or leaving the case feeling like you didn’t get what you wanted.
An experienced Colorado City personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even understand the breadth of what could happen until sitting down with a professional. That person can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move forward with any possible case.
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What is a Colorado City Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity for 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 bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases does a personal injury lawyer accept?
The PIL usually tackles a large variety of cases that can be separated 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 carelessness or incompetence of another person.
The second main study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up in front of a judge.
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 completely 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke 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 decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation works out, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Colorado City
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!