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Have you or a loved one been injured either in an accident or through the willful neglect of others? Many times problems can be resolved by insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move forward.
But perhaps you need someone to take your side. Someone who will really fight for your case. Someone who will really fight on your side. Those are the times you really must have a Taylor personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing things objectively is nearly impossible. However, staying cool and logical can make the difference between getting the appropriate payment or going home feeling like you should have gotten a better deal.
An experienced Taylor personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even realize the breadth of what could happen until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and whether they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Taylor Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person might retain a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally tackles a wide variety of cases that can be divided into two primary fields. 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 someone.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs 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. Realistically speaking the list of causes for a personal injury case is basically endless.
In addition, and in contrast to most other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal 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 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 personal injury claim could potentially end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally 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 settling the case will keep it low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of finding 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 detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, 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 Elder Abuse Lawyer Near Me in Taylor
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!