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Has a loved one or you been injured either in an accident or by way of the neglect of others? Sometimes things can be solved through insurance or through a small claims court. If it is not worth fighting for it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But maybe you really need someone to get your back. Someone that will really gun for your cause. A professional who can fight on your side. Then you really need a Clarkdale personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, staying cool and collected can make the difference between getting the proper price or leaving the case with a situation you will never recover from.
An experienced Clarkdale personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of what might occur until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine the claim and whether they can be of service, and help you move forward with the process of any potential case.
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What is a Clarkdale Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally retained 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
The PIL usually tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is basically endless.
In addition, which is different than most other fields of law, PILs almost 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 overcomes 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 Are the Implications 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner rather than later. Or they may simply not want to complete 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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 PIL Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!