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Have you or a loved one been injured either in an accident or through the neglect of someone? Sometimes things can be dealt with through personal insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and move forward because it may cause you more headache than it is worth .
But maybe you really could use someone to take your side. Someone who will fight for your case. Someone who can really fight on your side. That’s when you really should have a Graham County personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, staying calm and logical can be the difference between getting the fair price or leaving the case with a situation you will never recover from.
An experienced Graham County personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the breadth of the situation until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Graham County Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually hired to recover cash 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 initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the attorney has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
The PIL usually handles a large variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of 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 intentional tort case. An intentional 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 similar situations. As you can tell the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal universe, 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 won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 totally unacceptable that a case can 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to finish the never-ending 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. 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 a settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Graham County
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!