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Has a loved one or you become hurt either in an accident or through the neglect of others? Sure, sometimes incidents can be determined by personal insurance or through a small claims court. Every once in a while it’s probably best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to take your side. Someone that will fight for your case. A professional who can really fight for your side. That’s when you really need a Taylor personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. But staying calm and collected can be the difference between receiving the fair payment or dropping the case with a situation you will never recover from.
An experienced Taylor personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even comprehend the potential consequences of what might occur until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with any possible claim.
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What is a Taylor Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents in relation to your claim, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take?
A PIL usually handles a wide variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 negligence or incompetence of a person.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other areas of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up in front of a judge.
But it is unusual 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 unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to 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. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation in the near term rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 Personal Injury Lawyer’s Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Taylor
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!