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Have you or a loved one been injured in an accident or by way of the willful negligence of others? At times incidents can be worked out by insurance or through a small claims case. Every once in a while it can be probably best to forget about it and move on because it may cause you more headache than it is worth .
But there are times you really could use someone to take your side. Someone who will gun for your cause. Someone who can fight on your side. Sometimes you really need a Superior personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the injury happened.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is nearly impossible. But remaining calm and collected can make the difference between receiving the best compensation that you deserve or leaving the case a permanently awful situation.
An experienced Superior personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. Many people may not even realize the breadth of what’s happening until speaking with a professional. A legal adviser can help you see 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 Superior Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
A PIL usually handles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary study of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, unlike most 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 who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 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 will end up going to court.
But 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 fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation as soon as possible 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 go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And lastly, settlement allows the plaintiff 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 less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Superior
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!