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Have you or a loved one become injured either in an accident or by way of the willful negligence of someone? At times issues can be dealt with through insurance or through a small claims court. Occasionally it’s best to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you need someone to get your back. Someone that will really gun for you. Someone who will fight for your side. Those are the times you really need a Casa Grande personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. However, remaining calm and collected can be the difference between getting the fair price that you deserve or going home feeling like you didn’t get what you wanted.
A great Casa Grande personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. Many people may not even realize the full breadth of the situation until sitting down with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Casa Grande Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other financial means 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL generally tackles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is basically endless.
In addition, and in contrast to most other fields of law, personal injury professionals generally work on a contingency fee basis. What this means is 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 just 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 these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. 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 non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials 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 probably wants financial compensation in the near term rather than down the road. Or they may simply not want to complete the ridiculously long 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 what either party wants. The plaintiff would 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 court case or having a judge or jury give a much lesser amount.
What are the PIL Duties?
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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to 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 completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees to terms, 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 file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Casa Grande
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!