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Have you or a loved one been hurt either in an accident or by way of the negligence of others? There are times incidents can be worked out by insurance or through a small claims court. If it is not worth fighting for it can be best to forget about it and move forward because it may cause you more headache than it is worth .
But there are times you could use someone to take your side. Someone that will really fight for your cause. A person who can fight for your side. Then you really must have a Gila Bend personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is nearly impossible. But staying cool and logical can be the difference between receiving the proper payment that you deserve or going home with no recourse.
An experienced Gila Bend personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. Most people may not even realize the full breadth of what’s happening until speaking with a legal professional. An attorney can help you realize 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 or case.
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What is a Gila Bend Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation 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 lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person can retain a personal injury professional when said dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
A PIL usually takes a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 wrongful case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal world, PILs generally 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 is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A big trial brings public attention. 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 decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than down the road. Or they may just not want to finish the exhausting 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 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 what either party wants. The plaintiff may in many cases 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 Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Gila Bend
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 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!