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Has a loved one or you been hurt in an accident or through the negligence of others? Sometimes things can be resolved by insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to have your back. Someone who will really fight for your case. A person who will fight for your side. Sometimes you really must have a Fountain Hills personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and being objective is difficult. But staying cool and logical can be the difference between getting the best price or leaving the case with a situation that you will not like.
A Fountain Hills personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what might occur until discussing the matter with a legal professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with any possible case.
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What is a Fountain Hills Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually hired to recover money or other financial means 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what cases would a personal injury lawyer accept?
A PIL generally tackles a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be 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 an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is 100% 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 award 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. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, 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 later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case 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 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 opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a court case. 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 further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Fountain Hills
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 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!