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Have you or a loved one become hurt in an accident or through the willful neglect of others? Sometimes things can be determined through insurance or through a small claims court. Occasionally it can be probably best to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But at times you really need someone to get your back. Someone who will fight for your cause. A professional who can fight for your side. Sometimes you really need a Kearny personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is challenging. However, keeping calm and logically oriented can make the difference between getting the appropriate compensation that you deserve or going home with a situation that you will not like at all.
An experienced Kearny personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even understand the full breadth of what might occur until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move forward with any possible claim.
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What is a Kearny Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when a person 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 person could hire a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
The PIL generally takes a wide number of cases falling 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. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the 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 can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim may very well end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for many 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 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner 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 a legal battle.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of locating 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, 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 terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Kearny
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!