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Has a loved one or you become injured in an accident or by way of the negligence of others? Sure, sometimes problems can be solved by insurance or through a small claims case. Occasionally it can be best to walk it off and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But there are times you really could use someone to take your side. Someone that will fight for your cause. Someone who can fight on your side. Then you really should have a Arizona personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is nearly impossible. However, keeping cool and collected can be the difference between receiving the appropriate price or leaving the case empty handed.
An experienced Arizona personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the facts of what might occur until talking with a professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Arizona Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 someone else, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
A PIL generally handles a large number of cases that can be separated 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. Wrongful death can be 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 else.
The second main study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is nearly endless.
In addition, unlike most other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome 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 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 just flat-out refused that a case could potentially end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation. The plaintiff would 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 claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 lawyer 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 suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Emotional Abuse Lawyer Near Me in Arizona
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 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!