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Have you or a loved one become hurt either in an accident or by way of the willful negligence of someone? There are times problems can be resolved through personal insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to drop it and move forward.
But sometimes you really could use someone to have your back. Someone who will fight for your cause. Someone who can really fight on your side. Sometimes you really should retain a Sierra Vista personal injury lawyer 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 injured by a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is very hard. However, keeping calm and logical can make the difference between receiving the appropriate price that you deserve or going home worse off than before.
A successful Sierra Vista personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what’s happening until conversing with a professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and if 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 Sierra Vista Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 initiate the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney accept?
The PIL usually tackles a large variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main study of a PIL is the intentional tort case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award 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 just not want to complete the never-ending 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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 Personal Injury Lawyer’s Tasks?
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 legal professional 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 demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Sierra Vista
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 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!