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What a Sexual Abuse Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or through the negligence of others? At times things can be solved through insurance or through a small claims court. If it is extremely minor it can be probably best to drop it and move on.
But there are times you could use someone to get your back. Someone that will fight for your cause. A person who can fight for your side. Then you really need a Benson personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But remaining cool and logically oriented can make the difference between receiving the fair payment or quitting the case broke.
An experienced Benson personal injury attorney can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the implications of what’s happening until talking with a legal professional. An attorney can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with the process of any possible case.
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What is a Benson Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury lawyer fight for?
A PIL usually handles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens 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, and in contrast to nearly all other fields of the legal world, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes 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 Are the Implications in a Personal 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim can end up in front of a judge.
However, it is unusual 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 fees. If the party that is liable is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term 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 whatever it takes to beat the claim.
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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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 Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Sexual Abuse Lawyer Near Me in Benson
Here at DeLozier Law, we have over 4 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!