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Has a loved one or you become hurt either in an accident or by way of the neglect of someone? At times problems can be resolved by insurance or through a small claims case. Every once in a while it’s best to walk it off and get on with your life.
But sometimes you really could use someone to get your back. Someone who will gun for your case. Someone who can fight for your side. Then you really should retain a Chino Valley personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and being objective is nearly impossible. But staying cool and logical can make the difference between getting the best payment that you deserve or leaving the case with your tail between your legs.
A successful Chino Valley personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even realize the implications of what might occur until talking with a legal professional. That person can help you see all of this objectively, determine the claim and whether or not they can be of service, and help you move ahead with any possible claim or case.
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What is a Chino Valley Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained 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 start the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what cases does a personal injury attorney accept?
The PIL usually handles a large variety of cases that can be divided into two primary fields. 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 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 another person.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, unlike nearly all other areas of law, PILs almost always work on a contingency fee basis. This means 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 any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a claim may very well end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Chino Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!