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What a Sexual Abuse Lawyer Near Me does:
Have you or a loved one become injured either in an accident or by way of the neglect of someone? There are times incidents can be worked out by insurance or through a small claims case. If it is not worth fighting for it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you really need someone to take your side. Someone that will really fight for your case. Someone who can fight on your side. That’s when you really should retain a Nogales personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing things objectively is difficult. But remaining cool and logically oriented can be the difference between receiving the proper compensation that you deserve or dropping the case with a situation that you will not like at all.
An experienced Nogales personal injury attorney can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even understand the potential consequences of the situation until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and whether they can be of service, and help you move forward with the process of any possible claim.
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What is a Nogales Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money 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 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 lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney will consider filing a lawsuit in response. But what cases does a personal injury lawyer take on?
The PIL generally handles a large variety of cases that can be separated into two main 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 is usually 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 a person.
The second main field of a PIL is the intentional tort case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, PILs generally 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 is 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 these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide 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. A lengthy trial brings big publicity. 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 decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 legal professional 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 happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Sexual Abuse Lawyer Near Me in Nogales
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 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!