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Has a loved one or you become injured in an accident or by way of the neglect of someone? At times problems can be determined by personal insurance or through a small claims case. Every once in a while it can be a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you need someone to take your side. Someone that will gun for you. A professional who can really fight on your side. Those are the times you really should retain a Flagstaff personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, keeping cool and logically oriented can be the difference between getting the best payment that you deserve or dropping the case empty handed.
A successful Flagstaff personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of the situation until speaking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and whether or not they can be of service, and help you move ahead with the process of any potential claim.
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What is a Flagstaff Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally hired 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 someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
A PIL generally handles a large number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is basically endless.
In addition, separate from most other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. 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 can 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 lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully aware that they are at fault for the incident that led to the claim, they may 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 DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible 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 just not want to finish 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 the best situation for either. The plaintiff would 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 give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Sexual Abuse Lawyer Near Me in Flagstaff
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 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!