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Have you or a loved one been injured in an accident or through the willful neglect of others? Sometimes incidents can be resolved through personal insurance or through a small claims court. If it is very minor it can be best to forget about it and move forward because it may cause you more headache than it is worth .
But perhaps you really need someone to get your back. Someone who will fight for your cause. Someone who can really fight on your side. Sometimes you really should retain a Cottonwood personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is very hard. But remaining calm and collected can make the difference between receiving the fair compensation that you deserve or dropping the case broke.
An experienced Cottonwood personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. Most people may not even fully realize the facts of what could happen until sitting down with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move forward with the process of any possible claim.
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What is a Cottonwood Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person could retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems 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 talk with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL usually tackles a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the intentional tort 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 similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, which is different than nearly all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up in court.
But it is unusual 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 unnecessary legal fees. If the liable party is fully aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner 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 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 less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation works out, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, 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 Sexual Abuse Lawyer Near Me in Cottonwood
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 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!