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Has a loved one or you become injured in an accident or by way of the neglect of others? There are times things can be solved through insurance or through a small claims court. Occasionally it can be best to walk it off and get on with your life because it may cause you more headache than it is worth .
But maybe you really need someone to have your back. Someone who will fight for you. A professional who will really fight for your side. That’s when you really need a Marana personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an emotional time, and seeing things objectively is nearly impossible. However, keeping cool and logically oriented can make the difference between receiving the appropriate compensation or dropping the case feeling horrible.
An experienced Marana personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even fully realize the facts of the situation until speaking with a legal professional. A lawyer can help you see all of this objectively, determine the claim and whether or not they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Marana Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial means 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 attorney is usually hired to start the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take?
A PIL generally tackles a wide number of cases that fall 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 carelessness or incompetence of another.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is nearly endless.
In addition, separate from nearly all other fields of the legal world, PILs 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 has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim can end up in court.
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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is fully 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 publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff 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 Marana
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!