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Has a loved one or you become hurt in an accident or by way of the neglect of others? Sometimes problems can be solved through insurance or through a small claims court. If it is extremely minor it can be probably best to walk it off and get on with your life.
But there are times you could use someone to take your side. Someone who will gun for your cause. Someone who can fight on your side. Those are the times you really should have a Gila County personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life before the incident happened.
Being injured by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is hard. But staying cool and logical can make the difference between getting the appropriate compensation that you deserve or quitting the case with nothing.
An experienced Gila County personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even fully realize the facts of what could happen until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move ahead with any potential claim.
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What is a Gila County Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured party may hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
A PIL usually takes a wide 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, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that 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 solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last 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 do not get agreed upon or an offer is unacceptable that a claim will end up going to 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, 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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional 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 required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Gila County
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 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!