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Have you or a loved one become hurt in an accident or through the willful negligence of someone? There are times incidents can be determined through personal insurance or through a small claims court. Every once in a while it’s a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone who will really fight for you. A professional who will fight on your side. That’s when you really need a Prescott Valley personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and being objective is hard. But staying cool and logical can make the difference between getting the fair price or going home empty handed.
A successful Prescott Valley personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the potential consequences of what might occur until conversing with a professional. That person can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move forward with any potential claim.
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What is a Prescott Valley Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired 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 lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person may hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
A PIL usually takes a large variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, unlike nearly all other areas of the legal world, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon 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 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 totally unacceptable that a personal injury claim may end up in court.
However, 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 unnecessary legal costs. If the defending party 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 what either party wants. The plaintiff would rather settle for a little 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney 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 requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Prescott Valley
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!