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Duties of a Emotional Abuse Lawyer Near Me:
Has a loved one or you been injured in an accident or through the willful neglect of others? Sometimes incidents can be resolved through insurance or through a small claims case. If it is not worth fighting for it’s a good idea to forget about it and move forward because it may cause you more headache than it is worth spending your time on.
But perhaps you could use someone to have your back. Someone who will really gun for your case. A professional who will really fight on your side. Then you really need a Chandler personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, staying cool and logical can be the difference between getting the fair payment that you deserve or quitting the case feeling incompetent.
An experienced Chandler personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even understand the full breadth of what could happen until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Chandler Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity on behalf of 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 start the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your case, and use all their 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 legal professional can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
The PIL generally 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, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary field of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is basically endless.
In addition, unlike pretty much all 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 beats 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 a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a case could potentially end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award sooner 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 finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 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 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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim 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 to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Chandler
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 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!