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Has a loved one or you become hurt in an accident or by way of the willful neglect of someone? There are times incidents can be resolved by insurance or through a small claims case. If it is extremely minor it’s probably a good idea to forget about it and move forward.
But maybe you really need someone to take your side. Someone that will really fight for your cause. A professional who can really fight on your side. That’s when you really should have a Somerton personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s a very trying time, and seeing the situation objectively is very hard. However, keeping cool and collected can be the difference between receiving the fair payment that you deserve or leaving the case feeling like you didn’t get what you wanted.
A great Somerton personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the facts of the situation until conversing with a professional. That person can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move ahead with any potential claim.
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What is a Somerton Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets 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 attorney is usually hired to bring the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party may hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response. But what cases can a personal injury lawyer take on?
The PIL generally handles a large number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually 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.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a case could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known 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 of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award sooner 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 the case.
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 maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 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 happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to determine 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 Somerton
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!