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Has a loved one or you become injured either in an accident or by way of the willful negligence of others? Sure, sometimes problems can be worked out by insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and get on with your life.
But there are times you could use someone to get your back. Someone that will really fight for your cause. Someone who will fight for your side. Sometimes you really need a Gila Bend personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping cool and logically oriented can make the difference between receiving the proper price that you deserve or leaving the case with a situation you will never recover from.
A successful Gila Bend personal injury professional can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Most people may not even realize the potential consequences of what’s happening until sitting down with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Gila Bend Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for 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 start the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person might hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury lawyer accept?
A PIL usually takes a wide number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary study of a PIL is the intentional wrongful case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal universe, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding 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 opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to 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 put forth by the plaintiff.
Choose the Successful Emotional Abuse Lawyer Near Me in Gila Bend
Here at DeLozier Law, we have many 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!