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What a Emotional Abuse Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or by way of the willful neglect of others? At times issues can be worked out through insurance or through a small claims court. Occasionally it’s probably best to forget about it and get on with your life.
But at times you need someone to get your back. Someone that will gun for you. A professional who can really fight for your side. Those are the times you really must have a Gilbert personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. But remaining cool and collected can be the difference between getting the best compensation or quitting the case feeling incompetent.
A great Gilbert personal injury attorney can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even understand the implications of what’s happening until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Gilbert Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity on behalf of 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 initiate the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
A PIL generally takes a wide number of cases that fall into two main fields. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary field of a PIL is the intentional injustice case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal universe, PILs nearly 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 beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up going to court.
But 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case on the down low. 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 provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 Duties?
First they will take care of locating 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer Near Me in Gilbert
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!