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What a Emotional Abuse Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or by way of the willful negligence of others? Sure, sometimes incidents can be worked out through personal insurance or through a small claims case. If it is extremely minor it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you could use someone to have your back. Someone who will really gun for your cause. A person who can fight for your side. That’s when you really must have a Fountain Hills personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is difficult. But remaining calm and collected can make the difference between getting the best price or leaving the case broke.
A successful Fountain Hills personal injury professional can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our challenging legal system. Many people may not even realize the implications of what might occur until discussing the matter with a legal professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Fountain Hills Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum 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 on behalf of 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 a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
The PIL generally takes a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 carelessness or incompetence of another person.
The other primary study of a PIL is the intentional injustice case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 unacceptable that a case may very well 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is 100% 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 out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to bring the case to court. 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 completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer Near Me in Fountain Hills
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!