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Have you or a loved one been hurt in an accident or through the negligence of someone? Many times incidents can be solved through personal insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and move forward.
But sometimes you really could use someone to get your back. Someone that will really fight for your case. A professional who will really fight on your side. That’s when you really must have a Wellton personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the injury occurred.
Being hurt by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing things objectively is very hard. However, keeping calm and logical can make the difference between getting the best payment that you deserve or leaving the case with a situation you will never recover from.
A Wellton personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. Most people may not even realize the breadth of what could happen until discussing the matter with a professional. An attorney can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Wellton Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, 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, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL usually handles a wide number of cases that can be separated into two primary 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 uncaring state or incompetence of someone else.
The other primary study of a PIL is the intentional wrongful case. A purposeful tort happens when someone purposefully 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 pretty much all other fields of the legal world, personal injury lawyers almost always work on a contingency fee basis. What this means is 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings public attention. 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 privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. 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 whatever it takes to beat the claim.
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 for the best. 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 court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of finding 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 demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Wellton
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 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!