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Have you or a loved one become hurt in an accident or by way of the negligence of someone? Sure, sometimes issues can be resolved through insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But there are times you really could use someone to take your side. Someone that will gun for your cause. Someone who can really fight for your side. Sometimes you really should have a Coolidge personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is very hard. But staying cool and collected can be the difference between receiving the fair compensation or dropping the case with your tail between your legs.
An experienced Coolidge personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even realize the implications of what could happen until speaking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move ahead with any possible claim or case.
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What is a Coolidge Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually hired to recover cash or other assets 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury professional 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 lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
The PIL generally takes 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, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of law, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely 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 can send back a counteroffer if they feel they are not receiving enough 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.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Coolidge
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!