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Have you or a loved one become injured either in an accident or by way of the willful neglect of someone? There are times incidents can be worked out through personal insurance or through a small claims case. Occasionally it’s probably best to forget about it and get on with your life.
But there are times you need someone to get your back. Someone that will really gun for your case. Someone who can fight for your side. Sometimes you really should have a Clifton personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and being objective is difficult. But keeping cool and collected can make the difference between receiving the proper payment or going home with nothing.
A Clifton personal injury attorney can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even fully realize the facts of what’s happening until conversing with a professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with any potential case.
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What is a Clifton Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for 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 another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person might hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
The PIL generally handles a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be 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 other primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is basically endless.
In addition, unlike most other areas of the legal universe, PILs almost 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 should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 so simple. The injured party can 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 just flat-out refused that a case will 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is completely 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built 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 suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Clifton
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 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!