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Has a loved one or you been injured in an accident or through the negligence of someone? Sometimes things can be settled through personal insurance or through a small claims court. Every once in a while it’s probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But perhaps you could use someone to take your side. Someone that will really fight for you. A person who can fight on your side. That’s when you really must 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 prior to when the injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and seeing things objectively is challenging. But staying cool and logically oriented can make the difference between receiving the best price that you deserve or dropping the case broke.
An experienced Cave Creek personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. Many people may not even get the breadth of what could happen until discussing the matter with a professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any potential case.
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What is a Cave Creek PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what cases could a personal injury attorney take?
The PIL usually handles a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be 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 primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 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 public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment sooner 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 complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt 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 PTSD Injury Lawyer Near Me in Cave Creek
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!