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Has a loved one or you been hurt either in an accident or by way of the neglect of others? Sometimes issues can be resolved through personal insurance or through a small claims case. If it is extremely minor it can be probably a good idea to walk it off and get on with your life.
But there are times you really need someone to have your back. Someone who will really fight for your cause. A professional who will really fight for your side. Sometimes you really must have a Winslow 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 injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and seeing things objectively is challenging. But remaining cool and collected can make the difference between getting the appropriate price that you deserve or leaving the case feeling like you should have gotten a better deal.
A great Winslow personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even understand the breadth of what’s happening until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with any potential case.
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What is a Winslow Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything for 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 potential resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take?
The PIL generally handles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 uncaring state or incompetence of another.
The other primary study of a PIL is the purposely executed tort case. A purposeful 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. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas 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 wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up in court.
However, it is unusual 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 fees. If the other party is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than later. Or they may just 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 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 accusing party would rather settle for less in a guaranteed win. This, versus demanding the 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 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 legal professional has built 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turned out, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Winslow
Here at DeLozier Law, we have many 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!