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Has a loved one or you become injured in an accident or through the negligence of someone? Sometimes issues can be worked out through personal insurance or through a small claims court. If it is very minor it can be best to drop it and get on with your life.
But sometimes you really could use someone to take your side. Someone that will really gun for you. A person who will fight for your side. That’s when you really should have a El Mirage personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is difficult. But keeping calm and logically oriented can be the difference between receiving the appropriate compensation that you deserve or quitting the case with your tail between your legs.
An experienced El Mirage personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to deal with 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 conversing with a professional. A legal adviser can help you realize all of this objectively, determine if a possible claim exists and if 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 El Mirage Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 start the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person will retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, 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 a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
A PIL generally takes a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case could potentially 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 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 allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want 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 go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation. 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding 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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to bring the claim 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 go to trial. If the other party agrees to some terms but not others or 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 Elder Abuse Lawyer Near Me in El Mirage
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!