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Has a loved one or you been hurt either in an accident or through the neglect of others? Many times incidents can be worked out by insurance or through a small claims court. If it is extremely minor it can be a good idea to drop it and get on with your life.
But at times you really could use someone to take your side. Someone that will really fight for your case. A professional who can really fight for your side. That’s when you really must have a Chino Valley personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is very hard. But remaining cool and logically oriented can be the difference between receiving the proper price that you deserve or quitting the case feeling horrible.
An experienced Chino Valley personal injury professional can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even fully realize the implications of the situation until sitting down with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Chino Valley Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for 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 start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party will hire a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what cases does a personal injury lawyer take?
The PIL usually takes a large number of cases that can be separated into two main 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 carelessness or incompetence of a person.
The other primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is basically endless.
In addition, unlike most other areas of the legal universe, personal injury professionals usually 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner 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 just not want to finish 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 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum 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 getting 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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Chino Valley
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!