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Has a loved one or you been hurt in an accident or by way of the willful neglect of someone? Sure, sometimes incidents can be resolved by personal insurance or through a small claims case. Every once in a while it’s a good idea to forget about it and get on with your life.
But sometimes you really need someone to have your back. Someone who will gun for your case. Someone who will fight on your side. Those are the times you really should have a Superior personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, remaining calm and collected can be the difference between getting the fair compensation or quitting the case with your tail between your legs.
A Superior personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even understand the implications of the situation until conversing with a professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with any possible claim.
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What is a Superior Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually retained to recover cash 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 initiate the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party can retain a personal injury lawyer when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
The PIL usually handles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is nearly endless.
In addition, unlike most other fields of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case will end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 for the best. The plaintiff may in many cases rather settle for 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 due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation works out, chooses 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. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Superior
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 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!