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Have you or a loved one been injured either in an accident or by way of the willful neglect of others? Many times incidents can be solved by personal insurance or through a small claims case. If it is not worth fighting for it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth .
But perhaps you need someone to take your side. Someone who will gun for your cause. A professional who can fight for your side. Then you really should retain a Carefree personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and being objective is very hard. However, keeping cool and logical can be the difference between getting the best compensation or going home feeling like you didn’t get what you wanted.
An experienced Carefree personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our intense legal system. Most people may not even fully realize the implications of what could happen until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Carefree Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for 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 start the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person may hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their available 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 fails, the attorney will consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer accept?
The PIL generally takes a wide variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 carelessness or incompetence of another person.
The other main study of a PIL is the intentional tort case. A purposeful tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is basically endless.
In addition, separate from most other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 personal injury claim will end up going to trial.
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 fees. If the defending party is totally 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. 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 privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 PIL 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 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 incurred, and the amount of financial compensation required.
Next, the attorney may attempt 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.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Carefree
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!