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Have you or a loved one become hurt in an accident or by way of the willful neglect of someone? At times issues can be solved through insurance or through a small claims case. If it is extremely minor it can be best to forget about it and move on because it may cause you more headache than it is worth .
But there are times you really could use someone to take your side. Someone that will fight for your case. A person who will really fight on your side. Then you really should have a Star Valley personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. But remaining calm and collected can be the difference between receiving the proper payment that you deserve or quitting the case a permanently awful situation.
An experienced Star Valley personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even get the implications of the situation until talking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists 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 Star Valley Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired 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 lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL generally handles a wide variety 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 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 uncaring state or incompetence of someone.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 unacceptable that a case may end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award in the near term 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 go through the exhausting process of putting on a case, presenting evidence, and doing everything 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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. 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 all of them or only is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Star Valley
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!