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Has a loved one or you been hurt either in an accident or by way of the willful neglect of others? There are times things can be solved by personal insurance or through a small claims case. If it is not worth fighting for it’s best to walk it off and get on with your life.
But there are times you need someone to get your back. Someone who will fight for your cause. A person who can really fight on your side. Sometimes you really should retain a Star Valley personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing things objectively is challenging. However, remaining cool and logical can make the difference between getting the proper price that you deserve or going home broke.
An experienced Star Valley personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the implications of what’s happening until sitting down with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with any potential case.
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What is a Star Valley Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity on behalf of 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 begin the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
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, research any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what kinds of cases can a personal injury lawyer fight for?
The PIL generally tackles a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be 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 someone else.
The second primary field of a PIL is the intentional wrongful case. An intentional tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of law, personal injury attorneys nearly always work on a contingency fee basis. What this means is 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 otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 unacceptable that a claim can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation works out, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Star Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!