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Have you or a loved one been injured either in an accident or by way of the negligence of others? Sure, sometimes problems can be solved through personal insurance or through a small claims court. If it is not worth fighting for it can be probably best to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But perhaps you could use someone to get your back. Someone that will gun for your cause. A person who can fight on your side. Those are the times you really should retain a Globe personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is never fun. It’s a very trying time, and seeing things objectively is difficult. But remaining cool and logical can make the difference between getting the fair price that you deserve or going home feeling like you should have gotten a more appropriate solution.
An experienced Globe personal injury professional can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our challenging legal system. Most people may not even realize the full breadth of what could happen until speaking with a legal professional. That person can help you realize all of this objectively, determine the claim and whether or not they can help with your case, and help you move forward with any possible claim.
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What is a Globe Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation fails, the attorney could fie a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
The PIL generally handles a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 someone else.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is basically endless.
In addition, unlike nearly all other areas of law, PILs almost always 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 overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the 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 so simple. The injured party can 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 totally unacceptable that a claim could potentially end up going to trial.
But 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 unneeded legal fees. If the liable party 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Globe
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!