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What a Emotional Abuse Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or through the negligence of someone? There are times problems can be dealt with through personal insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But perhaps you could use someone to get your back. Someone that will fight for your cause. A professional who will really fight for your side. Then you really must have a Sedona personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and seeing things objectively is hard. But keeping calm and logical can be the difference between receiving the appropriate compensation or quitting the case with no settlement.
A successful Sedona personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even realize the breadth of what’s happening until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move ahead with any possible claim.
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What is a Sedona Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money 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 start the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything 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 claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what cases could a personal injury attorney accept?
The PIL generally tackles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 another.
The second primary study of a PIL is the intentional tort case. An intentional tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, which is different than most other fields of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other 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 lend much larger damages.
Secondly, a settlement can help keep the case 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 bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little 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 award a much lesser amount.
What are the PIL Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides 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 put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Sedona
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!