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Has a loved one or you become hurt in an accident or by way of the willful neglect of others? Sometimes issues can be settled by personal insurance or through a small claims case. Every once in a while it can be best to drop it and get on with your life.
But there are times you really could use someone to have your back. Someone who will really gun for your case. Someone who can really fight for your side. That’s when you really should have a Kingman personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is difficult. But keeping calm and collected can be the difference between getting the fair price that you deserve or dropping the case with a situation you will never recover from.
A successful Kingman personal injury legal representative can act as an advocate between you and the difficult 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 facts of the situation until conversing with a professional. A lawyer can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Kingman Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation fails, the lawyer may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually tackles a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be 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 someone else.
The other main field of a PIL is the intentional tort case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of the legal world, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a 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 unacceptable that a claim may 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 defending party 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary 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 the best situation. 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 court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees 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 is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Kingman
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 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!