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Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? At times incidents can be solved through insurance or through a small claims court. Every once in a while it’s probably best to forget about it and move on.
But maybe you could use someone to get your back. Someone who will really gun for you. Someone who will fight on your side. Sometimes you really should have a Phoenix personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is very hard. But remaining calm and collected can make the difference between getting the appropriate compensation that you deserve or leaving the case with a situation that you will not like.
An experienced Phoenix personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Many people may not even get the facts of what might occur until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any possible claim.
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What is a Phoenix Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity for 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 attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when said claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what cases could a personal injury lawyer accept?
The PIL usually takes a large variety of cases that can be divided into two main groups. 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 at the hands of 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 main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, which is different than most other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last 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 do not get agreed upon or an offer is totally unacceptable that a personal injury claim could potentially end up in front of a judge.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is fully 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 provide 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 lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties 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. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of gathering 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Phoenix
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 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!