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Has a loved one or you been injured either in an accident or through the willful neglect of someone? Sure, sometimes incidents can be dealt with through personal insurance or through a small claims court. Every once in a while it can be probably best to forget about it and move forward.
But perhaps you could use someone to take your side. Someone who will fight for you. A professional who will really fight on your side. Then you really must have a Surprise personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is difficult. But keeping cool and logically oriented can be the difference between getting the appropriate payment that you deserve or going home broke.
A Surprise personal injury attorney can act as a counselor between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what could happen until conversing with a professional. A legal adviser can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move ahead with any possible claim or case.
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What is a Surprise Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
The PIL generally takes a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main field of a PIL is the intentional injustice case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates 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 would 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 on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term rather than later. 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 win a legal battle.
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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 Duties?
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 legal professional has formed 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 incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Surprise
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!