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Have you or a loved one been hurt in an accident or by way of the neglect of someone? Sometimes things can be dealt with through insurance or through a small claims case. If it is not worth fighting for it can be a good idea to walk it off and get on with your life.
But sometimes you really could use someone to get your back. Someone who will really fight for your cause. Someone who can fight for your side. That’s when you really need a El Mirage personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is hard. But keeping calm and logically oriented can be the difference between receiving the best payment that you deserve or dropping the case feeling incompetent.
A great El Mirage personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the breadth of what could happen until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with any potential claim or case.
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What is a El Mirage Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation falls through, the attorney could fie a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
A PIL generally tackles 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, auto accidents, child neglect, 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 uncaring state or incompetence of another person.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. 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 the final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a case will end up in 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest 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 attorney 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 suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees 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 others or partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in El Mirage
Here at DeLozier Law, we have over 4 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!