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Have you or a loved one been injured in an accident or by way of the neglect of someone? At times incidents can be settled by insurance or through a small claims court. Every once in a while it can be best to walk it off and move forward.
But perhaps you could use someone to take your side. Someone that will really gun for your case. Someone who can really fight for your side. Sometimes you really must have a Page personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and being objective is challenging. However, staying calm and logically oriented can make the difference between getting the fair compensation or quitting the case with no recourse.
An experienced Page 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 realize the breadth of what’s happening until discussing the matter with a professional. That person can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any potential case.
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What is a Page Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash 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 start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
The PIL usually handles a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins 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 an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 unacceptable that a claim may very well end up going to court.
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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. 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 provide unwanted attention. A settlement agreement allows all parties 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 many months or longer. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Page
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 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!