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Has a loved one or you become injured in an accident or through the negligence of others? Many times problems can be dealt with by insurance or through a small claims case. Every once in a while it’s probably best to walk it off and get on with your life.
But sometimes you need someone to have your back. Someone who will really fight for your case. A person who can really fight on your side. That’s when you really should retain a Avondale personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing the situation objectively is challenging. But keeping cool and logical can be the difference between getting the fair compensation that you deserve or going home a permanently awful situation.
A great Avondale personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. Many people may not even comprehend the full breadth of the situation until sitting down with a legal professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Avondale Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually takes a large number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who 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 solely upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up in court.
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 defendant 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 settling the case will keep it low profile. 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 agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 for the best. The accusing party 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Emotional Abuse Lawyer Near Me in Avondale
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!