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Have you or a loved one become hurt in an accident or by way of the negligence of others? At times things can be settled by personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to take your side. Someone who will really fight for you. A person who can fight on your side. Those are the times you really should retain a Navajo County personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not fun. It’s an emotional time, and seeing the situation objectively is difficult. However, remaining calm and logically oriented can make the difference between receiving the fair payment or going home broke.
A great Navajo County personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even get the breadth of what could happen until speaking with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any possible case.
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What is a Navajo County Body Injury 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 hired to recover cash or other assets 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 attorney is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney accept?
A PIL generally takes a wide variety of cases that fall into two primary categories. 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 someone.
The other primary study of a PIL is the intentional wrongful case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is nearly endless.
In addition, which is different than most other areas of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a 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 may end up going to court.
However, 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 party that is liable is completely 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 out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, 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 Body Injury Lawyer Near Me in Navajo County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!