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Have you or a loved one become injured either in an accident or by way of the negligence of someone? Sure, sometimes issues can be dealt with by personal insurance or through a small claims case. Occasionally it’s probably best to forget about it and move forward.
But maybe you could use someone to get your back. Someone who will fight for your case. Someone who can really fight for your side. Then you really must have a Douglas personal injury attorney that will fight for your rights, both financial and individually, so you can get 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 a very trying time, and seeing things objectively is difficult. But keeping cool and collected can make the difference between receiving the appropriate compensation or going home with nothing.
A successful Douglas personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the full breadth of what’s happening until talking with a legal professional. An attorney can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move forward with any potential case.
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What is a Douglas Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
A PIL generally handles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second main study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of law, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only 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 last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up going to court.
However, it is unusual 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 unnecessary legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 Personal Injury Lawyer’s 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Douglas
Here at DeLozier Law, we have over 4 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!