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Have you or a loved one become hurt either in an accident or through the willful neglect of others? Sometimes things can be worked out through insurance or through a small claims court. Occasionally it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to get your back. Someone who will really gun for you. A person who will really fight on your side. Then you really need a Cottonwood personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or negligence is never enjoyable. It’s a very trying time, and being objective is challenging. But remaining cool and logically oriented can be the difference between receiving the proper payment that you deserve or going home empty handed.
A Cottonwood personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even get the facts of the situation until sitting down with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Cottonwood Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 bring the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party may retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury attorney take?
The PIL generally takes a large variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary field of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 just flat-out refused that a case may end up going to 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 unnecessary legal fees. If the defending 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 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 lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation in the near term rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 accusing party 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.
What are the PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home 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 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!