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But maybe you could use someone to get your back. Someone who will really fight for your cause. A person who will really fight on your side. Those are the times you really need a Litchfield Park personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is nearly impossible. But staying calm and collected can make the difference between getting the best payment or going home worse off than before.
A successful Litchfield Park personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of the situation until talking with a professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Litchfield Park Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
The PIL usually handles a wide number of cases that can be divided 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 carelessness or incompetence of another.
The second primary field of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 just flat-out refused that a claim will end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is 100% 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment sooner rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 for the best. 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 taking the chance of 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to decide 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 Litchfield Park
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!