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Has a loved one or you become hurt either in an accident or through the neglect of someone? Sometimes issues can be dealt with by insurance or through a small claims case. Occasionally it’s a good idea to forget about it and move forward because it may cause you more headache than it is worth .
But maybe you need someone to take your side. Someone that will fight for your cause. A person who will fight on your side. Then you really should retain a Casa Grande personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is difficult. But keeping cool and logically oriented can make the difference between getting the appropriate payment that you deserve or leaving the case feeling horrible.
A successful Casa Grande personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. Most people may not even fully realize the full breadth of what’s happening until talking with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move forward with any potential case.
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What is a Casa Grande Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for 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 initiate the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the PIL 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 found, get any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney accept?
The PIL usually takes a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 negligence or incompetence of someone.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case will end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment sooner rather than later. Or they may just 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 accusing party would rather settle for 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 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 incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Emotional Abuse Lawyer Near Me in Casa Grande
Here at DeLozier Law, we have many 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!