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Have you or a loved one become hurt in an accident or by way of the willful neglect of someone? There are times issues can be dealt with through personal insurance or through a small claims court. If it is very minor it’s best to forget about it and get on with your life.
But perhaps you could use someone to get your back. Someone who will really gun for your case. A person who will really fight for your side. Sometimes you really need a La Paz County personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is hard. But keeping cool and logical can be the difference between receiving the proper payment or quitting the case with your tail between your legs.
An experienced La Paz County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what’s happening until speaking with a legal professional. That person can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a La Paz County Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney fight for?
The PIL usually handles a large variety of cases falling into two primary fields. 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 someone.
The other main study of a PIL is the intentional tort case. An intentional tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is basically endless.
In addition, which is different than most other fields of law, personal injury attorneys nearly always 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 is 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 the last steps of the process aren’t so simple. 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 unacceptable that a claim will end up in court.
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 party that is liable 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 what either party wants. The accusing party may in many cases rather settle for a little 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Emotional Abuse Lawyer Near Me in La Paz County
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!