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What a Sexual Abuse Lawyer Near Me does:
Has a loved one or you been injured in an accident or by way of the willful neglect of others? Sure, sometimes things can be determined by personal insurance or through a small claims case. If it is very minor it’s a good idea to forget about it and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you need someone to take your side. Someone that will fight for you. A person who can really fight on your side. That’s when you really should retain a Cave Creek personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But staying calm and logical can make the difference between getting the proper compensation or going home with a situation you will never recover from.
A Cave Creek personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. Most people may not even comprehend the implications of what might occur until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any potential claim.
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What is a Cave Creek Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party might retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
The PIL usually handles a wide variety of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the intentional injustice case. An intentional tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon 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 so simple. The injured party could send back a 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 could potentially end up going to court.
However, it is rare 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 unneeded legal costs. If the defending party is completely 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term 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 finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 of benefit to either party. The accusing party would rather settle for 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 give 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case 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.
Choose the Successful Sexual Abuse Lawyer Near Me in Cave Creek
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 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!