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What a Sexual Abuse Lawyer Near Me does:
Have you or a loved one become injured in an accident or through the negligence of someone? At times problems can be dealt with through personal insurance or through a small claims case. If it is very minor it’s best to drop it and get on with your life because it may cause you more headache than it is worth .
But perhaps you really could use someone to take your side. Someone who will gun for your cause. A person who can fight for your side. Those are the times you really must have a Navajo County personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is hard. However, staying cool and logically oriented can make the difference between getting the fair payment or quitting the case feeling like you should have gotten a better deal.
An experienced Navajo County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of the situation until conversing with a professional. An attorney can help you see all of this in a more objective light, determine the claim and whether they can help with your case, and help you move forward with the process of any possible case.
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What is a Navajo County Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover money 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party can retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response. But what cases could a personal injury lawyer fight for?
A PIL generally tackles a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final 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 do not get agreed upon or an offer is unacceptable that a claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 in the best interest of either party. 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney 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 demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Navajo 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!