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Have you or a loved one been hurt either in an accident or through the willful negligence of others? Sure, sometimes issues can be determined by personal insurance or through a small claims court. If it is very minor it’s best to drop it and move on because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you really could use someone to take your side. Someone that will gun for you. A person who will really fight for your side. That’s when you really should have a Glendale AZ personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is not fun. It’s a very trying time, and seeing things objectively is challenging. However, keeping cool and logically oriented can make the difference between getting the fair payment that you deserve or going home with no settlement.
An experienced Glendale AZ personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of what’s happening until sitting down with a legal professional. That person can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Glendale AZ Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments 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 lawyer is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
The PIL generally handles a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary field of a PIL is the intentional tort case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of the legal world, personal injury attorneys 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 solely upon 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 necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case could potentially end up in front of a judge.
However, it is unusual 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 party that is liable is 100% aware that they are at fault for the incident that led to the claim, they might 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 low profile. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Glendale AZ
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!