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Has a loved one or you become hurt in an accident or by way of the willful negligence of someone? Sometimes issues can be solved through insurance or through a small claims court. Occasionally it’s probably a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But sometimes you really need someone to get your back. Someone that will fight for your cause. A person who can fight on your side. That’s when you really should have a Williams personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing things objectively is hard. However, keeping calm and logically oriented can make the difference between receiving the proper price or quitting the case broke.
An experienced Williams personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. Many people may not even realize the implications of what could happen until discussing the matter with a professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move forward with any potential case.
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What is a Williams Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally tackles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by 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 other primary field of a PIL is the intentional injustice case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 unacceptable that a claim will end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want 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 whatever it takes 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 demanding the 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 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to 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 Elder Abuse Lawyer Near Me in Williams
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!