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Have you or a loved one been injured in an accident or by way of the negligence of others? Sometimes problems can be determined through personal insurance or through a small claims court. Occasionally it’s probably best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But at times you really need someone to have your back. Someone that will really gun for your case. Someone who can fight for your side. That’s when you really need a Quartzsite personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is very hard. However, staying cool and collected can make the difference between getting the fair compensation or quitting the case feeling like you should have gotten a better deal.
A Quartzsite personal injury professional can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the implications of what might occur until conversing with a professional. That person can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Quartzsite Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to the claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what cases does a personal injury lawyer fight for?
A PIL generally handles a large number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main field of a PIL is the purposely executed tort case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the 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 necessarily easy. The injured party can send back a counteroffer if they feel they are not getting 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 trial.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A big 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 non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, settlement allows the plaintiff 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 plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional has formed 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 required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim to trial. 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 Quartzsite
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!