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Have you or a loved one been injured either in an accident or through the willful neglect of others? There are times incidents can be determined through personal insurance or through a small claims court. Every once in a while it’s probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But at times you could use someone to take your side. Someone who will fight for you. Someone who can really fight for your side. Then you really need a Somerton personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is nearly impossible. But keeping cool and logical can make the difference between getting the proper payment or dropping the case empty handed.
An experienced Somerton personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of the situation until conversing with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with any possible case.
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What is a Somerton Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney accept?
The PIL generally handles a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of the legal universe, personal injury lawyers generally 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 just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last 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 totally unacceptable that a claim will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 provide 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 provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. 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 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding 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 complete detail 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 how the negotiation turns out, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Somerton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!