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Have you or a loved one become hurt in an accident or by way of the neglect of someone? Many times things can be settled through insurance or through a small claims case. If it is not worth fighting for it’s a good idea to forget about it and move forward.
But sometimes you really need someone to take your side. Someone that will really fight for your case. Someone who can fight on your side. That’s when you really need a Goodyear personal injury professional 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 harmed by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing things objectively is nearly impossible. But staying cool and logically oriented can be the difference between getting the best payment or quitting the case with no settlement.
A successful Goodyear personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what could happen until talking with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with any possible case.
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What is a Goodyear Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired 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 bring the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation fails, the attorney will consider filing 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 number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 else.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff to decide 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 Goodyear
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!