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Have you or a loved one been injured either in an accident or through the willful neglect of someone? Many times issues can be settled by personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move on.
But sometimes you need someone to get your back. Someone that will gun for your cause. A professional who will really fight on your side. Those are the times you really should have a Gila County personal injury attorney that will fight for your rights, both in regards to finances and personally, 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 enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. But remaining cool and logical can be the difference between receiving the best payment or dropping the case worse off than before.
A great Gila County personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even fully realize the facts of what’s happening until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and whether or not they can be of service, and help you move ahead with any possible claim.
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What is a Gila County Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
A PIL usually tackles a wide number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second main field of a PIL is the intentional injustice case. An intentional tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. This means 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 just upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for even longer. 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 just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And finally, 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, 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.
Choose the Successful Emotional Abuse Lawyer Near Me in Gila County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!