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Have you or a loved one become injured in an accident or by way of the willful neglect of someone? Sure, sometimes incidents can be solved through personal insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But maybe you could use someone to take your side. Someone that will really gun for your case. A person who can fight on your side. Those are the times you really should have a Superior personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing the situation objectively is difficult. But staying cool and collected can be the difference between getting the fair payment that you deserve or quitting the case a permanently awful situation.
An experienced Superior personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even comprehend the breadth of what’s happening until talking with a legal professional. That person can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any potential case.
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What is a Superior Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, 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 a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as medical 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, get any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what cases could a personal injury attorney take?
The PIL generally tackles a large variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 someone.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings public attention. 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 non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air 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 finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And finally, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 gathering 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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push 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.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Superior
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 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!