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Has a loved one or you become injured in an accident or by way of the willful neglect of others? Sometimes problems can be settled through personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But sometimes you could use someone to have your back. Someone who will gun for you. Someone who can fight on your side. Sometimes you really must have a Page personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is hard. But keeping cool and collected can make the difference between receiving the proper payment that you deserve or dropping the case with a situation you will never recover from.
A Page personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Most people may not even realize the potential consequences of the situation until talking with a professional. A legal adviser can help you see all of this objectively, determine the claim and whether or not they can help with your case, and help you move ahead with the process of any potential case.
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What is a Page Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person could hire a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
The PIL generally tackles a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be 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 a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting 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 case may very well 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 a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 plaintiff may in many cases 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 incurred, and the amount of financial compensation required.
Next, the lawyer 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.
Choose the Successful Emotional Abuse Lawyer Near Me in Page
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 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!