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Have you or a loved one become hurt either in an accident or through the willful neglect of someone? Sometimes things can be determined through personal insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to drop it and get on with your life.
But there are times you need someone to have your back. Someone that will fight for your case. A professional who will really fight on your side. Then you really should have a Page personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is hard. But staying calm and logically oriented can be the difference between receiving the appropriate payment that you deserve or going home with a situation that you will not like.
A successful Page personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even get the implications of what might occur until discussing the matter with a professional. That person can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Page Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to your claim, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney fight for?
A PIL usually takes a wide variety of cases falling 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 a person.
The other main study of a PIL is the intentional wrongful case. A purposeful tort happens when one person 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 possible causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 a percentage of the 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 could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case can end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. 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 agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 due to unknown circumstances pretrial.
What are the PIL 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Page
Here at DeLozier Law, we have many 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!