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Have you or a loved one become hurt in an accident or by way of the willful negligence of someone? Sometimes things can be dealt with through personal insurance or through a small claims case. If it is very minor it’s best to forget about it and get on with your life because it may cause you more headache than it is worth .
But perhaps you really could use someone to take your side. Someone who will really fight for your case. A person who can fight for your side. Then you really must have a Eloy personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, keeping calm and logically oriented can make the difference between getting the fair price or leaving the case empty handed.
An experienced Eloy personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even comprehend the implications of what’s happening until talking with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Eloy Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person may retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL usually takes a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. 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 final steps of the process aren’t necessarily easy. 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 claim can end up going to court.
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 unnecessary legal fees. If the other party is fully 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 may in many cases rather settle for 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.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Eloy
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!