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Has a loved one or you become hurt in an accident or by way of the willful negligence of someone? There are times issues can be solved by insurance or through a small claims court. Every once in a while it’s probably best to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But at times you could use someone to take your side. Someone who will really fight for your case. A professional who will fight on your side. That’s when you really need a Clarkdale personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is very hard. But keeping cool and collected can make the difference between receiving the appropriate payment that you deserve or going home with no recourse.
An experienced Clarkdale personal injury professional can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even comprehend the facts of what could happen until speaking with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any potential case.
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What is a Clarkdale Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally 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 attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation falls through, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury lawyer accept?
A PIL generally takes a wide variety of cases that fall into two primary categories. 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 at the hands of 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 another person.
The second primary field of a PIL is the intentional injustice case. An intentional tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim can end up in court.
However, 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 unneeded legal costs. If the defendant is fully 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 settling the case will keep it on the down low. This is especially important for high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those 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 or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner 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 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 in the best interest of either party. The accusing party 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. 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 Clarkdale
Here at DeLozier Law, we have over 4 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!