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Has a loved one or you been injured in an accident or by way of the willful neglect of someone? There are times problems can be settled by personal insurance or through a small claims case. If it is very minor it can be probably a good idea to walk it off and move on.
But maybe you really need someone to take your side. Someone who will really gun for your case. Someone who will fight for your side. Then you really must have a Peoria AZ personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the injury happened.
Being injured by a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is hard. However, remaining calm and logical can be the difference between getting the proper compensation that you deserve or quitting the case with a situation that you will not like at all.
An experienced Peoria AZ personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the implications of what might occur until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and whether or not they can help with your case, and help you move ahead with any possible claim.
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What is a Peoria AZ Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL generally tackles a large number of cases that can be divided into two primary categories. 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 uncaring state or incompetence of someone else.
The second main field of a PIL is the intentional tort case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may very well end up going to trial.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally 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 on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 in the best interest of either party. The accusing party would rather settle for 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.
What are the PIL Duties?
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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Sexual Abuse Lawyer Near Me in Peoria AZ
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they needed and 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!