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Have you or a loved one been hurt either in an accident or by way of the willful neglect of others? At times issues can be dealt with through insurance or through a small claims court. If it is extremely minor it’s best to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But perhaps you really need someone to take your side. Someone who will fight for your case. Someone who can really fight for your side. Then you really must have a Eagar personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s a very trying time, and seeing the situation objectively is nearly impossible. But staying calm and collected can make the difference between getting the fair compensation or leaving the case with a situation that you will not like at all.
A successful Eagar personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even realize the full breadth of what might occur until sitting down with a professional. That person can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any potential case.
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What is a Eagar Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
The PIL usually handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be 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 another.
The other primary study of a PIL is the intentional wrongful case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other areas of the legal universe, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to 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. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible 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 finish the ridiculously long 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 would rather settle for less in a guaranteed win. This, versus holding out for 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.
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Eagar
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!