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Have you or a loved one become injured either in an accident or by way of the negligence of someone? There are times problems can be resolved through insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone who will really gun for you. A professional who will fight for your side. That’s when you really need a Dewey-Humboldt personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is difficult. But keeping cool and collected can make the difference between receiving the proper price or dropping the case feeling like you should have gotten a more appropriate solution.
A Dewey-Humboldt personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even get the breadth of what’s happening until speaking with a legal professional. That person can help you see all of this objectively, determine the claim and whether or not they can help with your case, and help you move ahead with any possible case.
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What is a Dewey-Humboldt Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response. But what cases would a personal injury lawyer fight for?
The PIL generally takes a wide 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, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of law, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the 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 necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Dewey-Humboldt
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!