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Have you or a loved one become hurt either in an accident or by way of the willful neglect of others? There are times incidents can be worked out by personal insurance or through a small claims court. If it is very minor it’s a good idea to forget about it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you really could use someone to take your side. Someone that will gun for your cause. A person who can really fight for your side. Those are the times you really should have a Coconino County personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being injured by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, keeping calm and logically oriented can be the difference between receiving the proper price or going home feeling incompetent.
An experienced Coconino County personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the facts of what might occur until speaking with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any potential case.
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What is a Coconino County Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 attorney is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
The PIL generally takes a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much 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 or entity that they are representing overcomes 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 the last 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 case may 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases 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 even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may just not want to complete 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Coconino County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!