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Has a loved one or you become injured either in an accident or through the neglect of others? Many times issues can be determined by personal insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and get on with your life.
But maybe you need someone to have your back. Someone that will really fight for your case. A person who will fight for your side. Then you really should have a St. Johns personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is nearly impossible. But keeping calm and logical can make the difference between receiving the appropriate payment that you deserve or dropping the case empty handed.
A St. Johns personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of the situation until conversing with a legal professional. That person can help you see all of this objectively, determine the claim and if they can help with your case, and help you move forward with any possible claim.
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What is a St. Johns Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what kinds of cases does a personal injury attorney take?
The PIL generally tackles a large number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 uncaring state or incompetence of another.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully injures 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 possible causes for a personal injury case is pretty much endless.
In addition, separate from most other areas of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there is 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of 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 bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply not want to complete the ridiculously long 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 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 PIL 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 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 occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in St. Johns
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 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!