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Have you or a loved one been hurt in an accident or by way of the negligence of someone? Sure, sometimes incidents can be determined through personal insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and move on.
But perhaps you really could use someone to have your back. Someone that will fight for your case. Someone who will fight on your side. That’s when you really should retain a Globe personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s a very trying time, and being objective is challenging. However, keeping cool and logical can be the difference between receiving the fair payment or going home worse off than before.
An experienced Globe personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even fully realize the potential consequences of the situation until conversing with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with any possible claim.
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What is a Globe Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
A PIL generally tackles a wide 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, vehicle accidents, child negligence, 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 negligence or incompetence of a person.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort happens when someone intentionally injures 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 causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may very well end up in front of a judge.
But it is rare 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 unneeded legal costs. If the party that is liable is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And lastly, 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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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 due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, 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 Elder Abuse Lawyer Near Me in Globe
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 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!