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Has a loved one or you become injured in an accident or through the negligence of someone? Sure, sometimes things can be determined through insurance or through a small claims case. Every once in a while it’s a good idea to drop it and move on.
But sometimes you really could use someone to have your back. Someone that will gun for your case. A professional who can really fight on your side. Those are the times you really should have a Benson personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life before the injury happened.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is difficult. But keeping cool and logical can make the difference between receiving the best payment or quitting the case with no recourse.
A Benson personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even comprehend the breadth of what’s happening until speaking with a professional. An attorney can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Benson Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables 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 lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
The PIL usually takes a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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.
The other main field of a PIL is the purposely executed wrongful case. An intentional 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 essentially endless.
In addition, unlike 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 overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these 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 do not get agreed upon or an offer is unacceptable that a personal injury claim can end up in front of a judge.
However, it is unusual 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 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation 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 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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 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 the settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Benson
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!