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Has a loved one or you been hurt in an accident or by way of the neglect of someone? Many times issues can be worked out by insurance or through a small claims case. Occasionally it can be best to walk it off and move forward.
But perhaps you really could use someone to get your back. Someone who will fight for your cause. A person who can fight for your side. Then you really must have a Parker personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and seeing the situation objectively is challenging. But staying calm and logical can be the difference between receiving the proper payment that you deserve or dropping the case with nothing.
An experienced Parker personal injury professional can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Most people may not even realize the potential consequences of what might occur until talking with a professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Parker Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL usually tackles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 carelessness or incompetence of a person.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person intentionally injures 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 basically endless.
In addition, and completely different from nearly all other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 just flat-out refused that a personal injury claim will end up going to court.
But 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 costs. 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Parker
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!