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Have you or a loved one been injured either in an accident or through the willful neglect of others? Sure, sometimes incidents can be solved by insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to take your side. Someone who will fight for your cause. A person who will fight on your side. Sometimes you really should have a Carefree personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying cool and logically oriented can make the difference between getting the proper price or dropping the case worse off than before.
An experienced Carefree personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of what might occur until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move ahead with any possible claim.
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What is a Carefree Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually 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 lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation fails, the legal professional will consider filing a lawsuit in response. But what cases does a personal injury attorney fight for?
A PIL usually tackles a large variety of cases that can be separated into two main fields. 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 carelessness or incompetence of a person.
The other main field of a PIL is the intentional tort case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon 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 necessarily easy. The injured party can 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 just flat-out refused that a claim may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible 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 just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And lastly, 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Emotional Abuse Lawyer Near Me in Carefree
Here at DeLozier Law, we have over 4 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!