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Have you or a loved one been injured either in an accident or by way of the willful negligence of someone? Many times issues can be resolved by personal insurance or through a small claims court. Occasionally it can be best to drop it and move forward because it may cause you more headache than it is worth .
But perhaps you really could use someone to have your back. Someone that will fight for your cause. Someone who will fight on your side. Then you really should retain a Glendale AZ personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or negligence is never a good time. It’s a very trying time, and being objective is hard. However, keeping calm and logical can make the difference between receiving the best compensation or going home feeling like you should have gotten a more appropriate solution.
An experienced Glendale AZ personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even realize the facts of the situation until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move forward with any potential claim.
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What is a Glendale AZ Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
The PIL usually tackles a large number of cases falling into two primary 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 uncaring state or incompetence of someone else.
The second main study of a PIL is the intentional injustice case. An intentional tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won 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 a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will end up in court.
But 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 unnecessary legal costs. If the other party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation as soon as possible 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 never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 plaintiff may in many cases rather settle for a little 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 PIL Duties?
First they will take care of locating 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Sexual Abuse Lawyer Near Me in Glendale AZ
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 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!