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Have you or a loved one become hurt in an accident or through the willful neglect of others? At times problems can be settled by insurance or through a small claims case. If it is extremely minor it can be probably best to walk it off and move on because it may cause you more headache than it is worth .
But sometimes you could use someone to have your back. Someone that will gun for you. A person who can fight on your side. That’s when you really must have a Carefree personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury happened.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But remaining cool and logically oriented can make the difference between receiving the fair payment or leaving the case with no settlement.
An experienced Carefree personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what could happen until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Carefree Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the attorney can file a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL usually takes a wide variety of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 negligence or incompetence of someone.
The other main field of a PIL is the intentional injustice case. A purposeful tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury professionals generally 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 any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up going to trial.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation for either. The accusing party 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to court. 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 Carefree
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!