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Have you or a loved one become hurt in an accident or through the willful neglect of someone? Many times problems can be resolved by insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and get on with your life.
But there are times you could use someone to have your back. Someone that will really fight for you. Someone who can really fight for your side. That’s when you really need a Coconino County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is very hard. But remaining calm and logical can be the difference between getting the best price or dropping the case with a situation that you will not like.
An experienced Coconino County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what could happen until sitting down with a professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with any possible case.
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What is a Coconino County Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to the case, and use all their available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
A PIL generally handles a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 uncaring state or incompetence of someone.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 case may end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally 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 settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 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 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Coconino County
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 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!