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Has a loved one or you become injured either in an accident or through the neglect of others? Sure, sometimes issues can be worked out by insurance or through a small claims case. Every once in a while it’s probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you need someone to take your side. Someone who will fight for your case. A professional who can fight for your side. Those are the times you really must have a La Paz County personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing things objectively is difficult. However, keeping calm and logically oriented can be the difference between receiving the fair price or quitting the case empty handed.
An experienced La Paz County personal injury lawyer can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even fully realize the potential consequences of what could happen until sitting down with a professional. An attorney can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with any possible claim or case.
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What is a La Paz County Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what cases can a personal injury attorney take?
The PIL usually tackles a wide variety of cases that fall into two primary groups. 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 negligence or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other areas of the legal world, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case will end up going to trial.
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 other party is fully aware that they are at fault for the incident that led to the claim, they might 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 on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to go through 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 accusing party 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try 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 other party agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in La Paz County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!