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Have you or a loved one been injured either in an accident or by way of the willful negligence of others? Many times problems can be dealt with through personal insurance or through a small claims case. Every once in a while it can be probably best to forget about it and get on with your life.
But sometimes you really could use someone to take your side. Someone who will really fight for your cause. A professional who will fight on your side. Those are the times you really must have a Yavapai County personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident happened.
Being the victim of a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is very hard. But remaining calm and logical can make the difference between receiving the proper compensation or quitting the case with a situation you will never recover from.
A successful Yavapai County personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the facts of the situation until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with any possible claim.
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What is a Yavapai County Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger 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 someone brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases can a personal injury lawyer fight for?
A PIL usually takes a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. 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 so simple. The injured party can send back a 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 personal injury claim may very well 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely 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 settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Yavapai County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!