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Have you or a loved one been hurt either in an accident or through the neglect of someone? There are times problems can be dealt with through personal insurance or through a small claims court. Every once in a while it’s probably best to walk it off and move on.
But sometimes you could use someone to take your side. Someone that will really gun for your case. A professional who will fight for your side. Then you really should retain a Gila Bend personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. But remaining calm and collected can make the difference between receiving the best price that you deserve or going home worse off than before.
An experienced Gila Bend personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even understand the implications of what might occur until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move forward with any potential case.
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What is a Gila Bend Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney accept?
A PIL generally handles a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 other primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of the legal world, personal injury lawyers almost 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 been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up in court.
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 creates 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 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 low profile. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, 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 go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Gila Bend
Here at DeLozier Law, we have many 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!