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Has a loved one or you been hurt in an accident or by way of the willful neglect of someone? Many times problems can be determined through insurance or through a small claims case. Every once in a while it can be probably best to drop it and get on with your life.
But perhaps you really need someone to take your side. Someone that will gun for you. Someone who will fight for your side. Then you really need a Show Low personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and being objective is challenging. However, keeping cool and logical can be the difference between getting the appropriate price or going home with no settlement.
An experienced Show Low personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of the situation until discussing the matter with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with any possible case.
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What is a Show Low Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the PIL 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 can be contacted, get any and all documents in relation to your case, and use all their available 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 falls through, the lawyer will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer fight for?
A PIL generally tackles a large 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, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, unlike pretty much all other fields of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning 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 the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 accusing party may in many cases 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 PIL Tasks?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. 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 determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Show Low
Here at DeLozier Law, we have many 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!