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Have you or a loved one become injured in an accident or through the neglect of others? There are times incidents can be resolved through personal insurance or through a small claims court. Every once in a while it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But at times you really could use someone to have your back. Someone that will fight for you. A professional who can fight on your side. That’s when you really need a Coconino County personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, staying calm and logically oriented can be the difference between receiving the appropriate price or dropping the case broke.
A Coconino County personal injury attorney can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our legal system. Many people may not even get the potential consequences of what could happen until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Coconino County Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets 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 another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the legal professional 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 found, get any and all documents in relation to your claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer fight for?
The PIL usually handles a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of 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 other main field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other areas of law, PILs nearly 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 solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 will end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may just not want to go through 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 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Coconino County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!