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Has a loved one or you become injured either in an accident or through the neglect of someone? Sometimes things can be resolved through personal insurance or through a small claims court. If it is not worth fighting for it can be probably best to drop it and move forward because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to have your back. Someone who will really fight for your case. A person who will fight on your side. Then you really should have a Goodyear personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing the situation objectively is challenging. But staying calm and logical can be the difference between getting the fair compensation that you deserve or leaving the case with no settlement.
A Goodyear personal injury legal representative can act as an advocate between you and the difficult 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 understand the potential consequences of what’s happening until talking with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Goodyear Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what cases can a personal injury lawyer fight for?
A PIL usually takes a large variety of cases falling 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 can be caused by 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 person.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury lawyers generally 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 should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 so simple. The injured party can 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 just flat-out refused that a case could potentially end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally 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 public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties 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. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 in the best interest of either party. 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 court case 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney 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 attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Goodyear
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!