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Has a loved one or you been hurt in an accident or through the willful negligence of someone? At times incidents can be dealt with through insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you could use someone to take your side. Someone that will really fight for your cause. A person who can fight for your side. Sometimes you really should retain a Apache Junction personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and being objective is difficult. But remaining cool and logically oriented can be the difference between getting the fair compensation that you deserve or quitting the case feeling like you didn’t get what you wanted.
A great Apache Junction personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even get the implications of the situation until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Apache Junction Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
A PIL generally handles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 negligence or incompetence of someone else.
The second primary field of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 unacceptable that a case can end up in front of a judge.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they might 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Apache Junction
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 needed and 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!