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Have you or a loved one been injured in an accident or through the willful negligence of others? Sure, sometimes incidents can be resolved through personal insurance or through a small claims court. Every once in a while it can be a good idea to forget about it and move forward.
But maybe you could use someone to have your back. Someone who will really fight for your cause. A person who will fight for your side. That’s when you really need a Eagar personal injury attorney 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 unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is hard. But staying cool and logically oriented can be the difference between getting the best payment that you deserve or dropping the case feeling like you should have gotten a better deal.
A Eagar personal injury professional can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even comprehend the full breadth of what might occur until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Eagar Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired 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 lawyer is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person might hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
A PIL usually tackles a wide variety of cases falling 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 negligence or incompetence of someone.
The other primary study of a PIL is the purposely executed 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 similar situations. As you can tell the potential reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal world, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely 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 publicly known people or large high profile companies. A big 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 confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may just not want to go through the never-ending 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely 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 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 requested.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation worked out, decides if they will push to bring the case in front of a judge. 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 all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or partially agrees to terms, it will be up to the plaintiff to decide 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 Eagar
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!