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Has a loved one or you been hurt in an accident or through the neglect of someone? Sometimes things can be solved through personal insurance or through a small claims court. If it is very minor it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth .
But maybe you need someone to take your side. Someone who will fight for your cause. A professional who can fight for your side. Sometimes you really should have a Gila Bend personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is difficult. However, remaining cool and logically oriented can make the difference between receiving the appropriate price that you deserve or dropping the case with nothing.
A Gila Bend personal injury professional can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even get the full breadth of what’s happening until talking with a professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any possible case.
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What is a Gila Bend Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all available 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 doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
A PIL usually tackles a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts 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 list of causes for a personal injury case is basically endless.
In addition, separate from nearly all other areas of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who 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 only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final 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 totally unacceptable that a claim can end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment sooner 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 simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, settlement allows the plaintiff 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. The accusing party 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 claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or 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 Nursing Home Abuse Lawyer Near Me in Gila Bend
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!