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Have you or a loved one been hurt in an accident or through the willful neglect of someone? Sure, sometimes problems can be worked out through personal insurance or through a small claims case. Occasionally it’s probably best to forget about it and move forward.
But sometimes you really need someone to get your back. Someone that will really fight for you. Someone who will really fight for your side. That’s when you really should have a Gilbert personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing things objectively is hard. However, remaining cool and logical can make the difference between getting the best price or quitting the case feeling like you should have gotten a better deal.
A great Gilbert personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even realize the potential consequences of the situation until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Gilbert Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
The PIL generally takes a large variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second primary study of a PIL is the purposely executed injustice case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is basically endless.
In addition, separate from pretty much all other fields of law, personal injury professionals 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 wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal 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 enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury 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 unneeded legal costs. If the party that is liable 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 settling the case will keep it low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than down the road. Or they may simply 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 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 for the best. 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 risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation worked out, decides if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Gilbert
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!