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Duties of a Emotional Abuse Lawyer Near Me:
Has a loved one or you become injured in an accident or through the negligence of others? Sometimes things can be determined through insurance or through a small claims court. Occasionally it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to take your side. Someone that will fight for you. Someone who can fight on your side. Sometimes you really should have a Litchfield Park personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being injured by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is hard. But keeping calm and collected can make the difference between getting the appropriate payment or dropping the case feeling like you didn’t get what you wanted.
A Litchfield Park personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. Many people may not even realize the breadth of what might occur until discussing the matter with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with any potential claim.
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What is a Litchfield Park Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 someone else, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person will hire a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to the case, and use all potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL generally tackles a large number of cases that can be divided into two primary categories. 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 someone else.
The other main study of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential causes for a personal injury case is nearly endless.
In addition, unlike most other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. 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 the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough 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 could potentially end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything 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 the best situation. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case 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 defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer Near Me in Litchfield Park
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 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!