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Has a loved one or you become injured in an accident or through the willful neglect of someone? Sure, sometimes things can be worked out through insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and move forward.
But perhaps you really need someone to take your side. Someone who will really fight for your case. Someone who will fight for your side. That’s when you really should have a Prescott personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is difficult. But remaining calm and collected can be the difference between getting the fair payment or going home with your tail between your legs.
An experienced Prescott personal injury attorney can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even comprehend the breadth of what’s happening until speaking with a legal professional. An attorney can help you see all of this objectively, determine the potential of a claim and how 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 Prescott Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired 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 attorney is usually hired to start 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 may retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually tackles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of another person.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of the legal world, PILs nearly 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 any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a 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 claim could potentially end up in front of a judge.
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 fees. If the defendant is fully 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 large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment 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 complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case 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 others or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Prescott
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!