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Has a loved one or you been hurt in an accident or by way of the willful negligence of someone? Many times things can be settled by personal insurance or through a small claims court. If it is very minor it can be best to forget about it and move on.
But sometimes you really could use someone to take your side. Someone that will fight for you. Someone who can really fight for your side. Those are the times you really should have a Camp Verde personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing things objectively is very hard. But keeping cool and logically oriented can make the difference between receiving the appropriate compensation or leaving the case with a situation you will never recover from.
An experienced Camp Verde personal injury professional can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. Most people may not even realize the full breadth of what might occur until conversing with a legal professional. An attorney can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Camp Verde Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables 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 lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney take on?
The PIL generally handles a wide variety of cases that can be divided 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 other main field of a PIL is the purposely executed injustice 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. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, separate from most other areas of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up in front of a judge.
However, 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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. The plaintiff would rather settle for 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case 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. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine 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 Camp Verde
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 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!