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Have you or a loved one become injured either in an accident or through the neglect of someone? Many times things can be settled through insurance or through a small claims case. 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 get your back. Someone who will really gun for your cause. Someone who can really fight on your side. Sometimes you really should retain a Wickenburg personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing things objectively is difficult. But keeping calm and collected can make the difference between getting the fair payment or leaving the case broke.
A great Wickenburg personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even realize the breadth of what’s happening until speaking with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and whether they can be of service, and help you move ahead with the process of any possible case.
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What is a Wickenburg Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
The PIL usually takes a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 another.
The second main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 do not get agreed upon or an offer is totally 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 a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built 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 required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Wickenburg
Here at DeLozier Law, we have many 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!