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Have you or a loved one been hurt either in an accident or by way of the negligence of someone? At times incidents can be dealt with through 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 maybe you really need someone to have your back. Someone who will really fight for your case. A person who will really fight on your side. Then you really should retain a Apache Junction personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying cool and collected can make the difference between getting the proper payment that you deserve or dropping the case with a situation that you will not like.
A great Apache Junction personal injury professional can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even understand the full breadth of what’s happening until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any potential claim.
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What is a Apache Junction Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 begin the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury lawyer take on?
The PIL usually takes a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, separate from most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely 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 necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case 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 creates 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 might not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. 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 provide unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding 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 occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Apache Junction
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!