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Has a loved one or you been injured either in an accident or through the willful neglect of someone? At times things can be dealt with by personal insurance or through a small claims court. Every once in a while it can be probably best to walk it off and get on with your life.
But sometimes you really could use someone to take your side. Someone who will really fight for you. A person who can really fight for your side. That’s when you really must have a Chino Valley personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. But keeping calm and logical can make the difference between getting the appropriate compensation that you deserve or going home broke.
A successful Chino Valley personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the facts of what’s happening until speaking with a legal professional. That person can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Chino Valley Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL usually takes a wide number of cases that can be divided into two main fields. 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 another person.
The second primary study of a PIL is the intentional tort case. An intentional tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be 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 receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up in front of a judge.
But it is rare 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 unnecessary legal fees. If the other party is 100% 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 down low. This is especially important for high profile people. A lengthy trial brings big publicity. 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation 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 finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The accusing party may in many cases rather settle for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Sexual Abuse Lawyer Near Me in Chino Valley
Here at DeLozier Law, we have many 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!