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Has a loved one or you been injured in an accident or by way of the negligence of someone? Many times problems can be resolved by personal insurance or through a small claims case. If it is not worth fighting for it’s a good idea to drop it and move forward.
But there are times you could use someone to take your side. Someone who will gun for your cause. A professional who can really fight for your side. Sometimes you really must have a Apache Junction personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. However, remaining calm and collected can be the difference between receiving the proper compensation or going home empty handed.
An experienced Apache Junction personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of the legal system. Most people may not even fully realize the potential consequences of the situation until talking with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move forward with the process of any potential case.
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What is a Apache Junction Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can retain a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take?
A PIL usually tackles a large number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person willfully injures 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 pretty much endless.
In addition, which is different than pretty much all other fields of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final 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 just flat-out refused that a personal injury claim will end up in court.
However, it is unusual 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 unnecessary legal fees. If the defending 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 lend 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 lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to go through the exhausting 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 for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Apache Junction
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!