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Have you or a loved one become hurt either in an accident or by way of the willful neglect of someone? Sometimes problems can be dealt with by personal insurance or through a small claims case. If it is not worth fighting for it’s best to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But at times you really need someone to have your back. Someone who will really fight for you. A person who can really fight for your side. Those are the times you really need a Cottonwood personal injury lawyer 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 harmed by a crime, accident, or negligence is not a good time. It’s an emotional time, and being objective is difficult. However, staying calm and logically oriented can make the difference between getting the appropriate price or quitting the case with a situation you will never recover from.
An experienced Cottonwood personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even get the implications of what might occur until conversing with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Cottonwood Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader category 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to the case, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation falls through, the lawyer can file a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL generally handles a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary field of a PIL is the intentional injustice case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who 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 solely upon 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 so simple. The injured party can 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 unacceptable that a case can end up in court.
However, it is unusual 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 defendant is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring 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. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Cottonwood
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!