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Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? Sure, sometimes incidents can be settled by insurance or through a small claims case. If it is extremely minor it can be a good idea to drop it and move forward.
But at times you really could use someone to get your back. Someone that will really gun for you. A professional who will fight on your side. Then you really should have a Greenlee County personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is difficult. However, keeping cool and logically oriented can make the difference between receiving the appropriate compensation or quitting the case with a situation you will never recover from.
An experienced Greenlee County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the full breadth of what might occur until discussing the matter with a professional. That person can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move forward with any potential claim.
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What is a Greenlee County 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 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 start the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents in relation to your case, and use all 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 lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
The PIL generally handles a large variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 second main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim will end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 attempt to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Greenlee County
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!