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What a Elder Abuse Lawyer Near Me does:
Have you or a loved one become injured either in an accident or by way of the willful negligence of others? There are times issues can be solved through personal insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and get on with your life.
But maybe you really need someone to get your back. Someone that will really gun for you. A person who can really fight on your side. Then you really need a Prescott Valley personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is challenging. But staying cool and logical can make the difference between getting the fair payment or leaving the case broke.
An experienced Prescott Valley personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. Most people may not even get the breadth of what’s happening until conversing with a legal professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Prescott Valley Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases would a personal injury attorney take?
A PIL generally tackles a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim will end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award sooner rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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 PIL Tasks?
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to determine 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 Prescott Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!