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Have you or a loved one been injured in an accident or through the neglect of someone? Sure, sometimes issues can be worked out by personal insurance or through a small claims case. If it is very minor it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth .
But at times you need someone to take your side. Someone who will really gun for your cause. A professional who will really fight for your side. That’s when you really should have a Cave Creek personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is not a good time. It’s an extremely trying time, and being objective is challenging. But staying calm and logical can be the difference between receiving the best compensation that you deserve or dropping the case with your tail between your legs.
An experienced Cave Creek personal injury professional can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what might occur until conversing with a legal professional. That person can help you realize all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move forward with any potential claim.
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What is a Cave Creek Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 attorney is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
A PIL usually handles a large number of cases that can be separated into two main groups. 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 uncaring state or incompetence of someone else.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be 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 receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% 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 on the DL. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 of benefit to either party. The accusing party may in many cases rather settle for a little 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.
What are the PIL Tasks?
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 complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Cave Creek
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!