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Has a loved one or you been hurt in an accident or through the negligence of someone? At times issues can be resolved through insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and move forward.
But perhaps you really could use someone to get your back. Someone that will really gun for your cause. A person who can really fight for your side. Sometimes you really need a Apache County personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is challenging. However, staying calm and logical can be the difference between getting the fair price that you deserve or going home with no recourse.
A successful Apache County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even get the full breadth of what’s happening until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with any potential case.
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What is a Apache County Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
A PIL generally tackles a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 another person.
The other primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 on the DL. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner 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 necessary 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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Apache County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!