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Has a loved one or you become hurt either in an accident or by way of the negligence of others? At times issues can be worked out by personal insurance or through a small claims case. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth .
But maybe you really could use someone to have your back. Someone that will really gun for your case. A professional who can really fight on your side. Then you really must have a Page personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury happened.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and seeing things objectively is difficult. But remaining calm and logical can make the difference between receiving the fair compensation that you deserve or leaving the case with no recourse.
An experienced Page personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what might occur until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists 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 Page Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
The PIL generally handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main study of a PIL is the intentional wrongful case. An intentional tort happens when someone willfully hurts another person. This type of act occurs in a 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 pretty much all other areas of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim could potentially 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 unneeded legal costs. 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 win the case.
And finally, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The accusing party would rather settle for 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has formed 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 demanded.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Page
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!