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Has a loved one or you been injured in an accident or through the negligence of others? Sure, sometimes things can be solved through personal insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and move forward.
But perhaps you could use someone to get your back. Someone that will fight for you. A person who can really fight on your side. Sometimes you really must have a Avondale personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is difficult. But staying cool and collected can make the difference between receiving the appropriate payment or dropping the case feeling horrible.
An experienced Avondale personal injury professional can act as a counselor between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. Most people may not even fully realize the full breadth of what’s happening until conversing with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Avondale Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
The PIL usually tackles a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 uncaring state or incompetence of someone else.
The second primary study of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. 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 can 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 claim can end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. 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 bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, 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 put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Avondale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!