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What a Sexual Abuse Lawyer Near Me does:
Have you or a loved one been injured in an accident or through the willful neglect of someone? Sometimes problems can be settled by insurance or through a small claims court. If it is extremely minor it’s a good idea to walk it off and get on with your life.
But perhaps you could use someone to take your side. Someone who will gun for you. A person who will fight for your side. That’s when you really must have a Maricopa personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is challenging. However, remaining cool and collected can be the difference between getting the proper compensation that you deserve or going home with a situation that you will not like.
An experienced Maricopa personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even get the implications of the situation until conversing with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move forward with any possible case.
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What is a Maricopa Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt 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 cases does a personal injury attorney take on?
The PIL usually takes a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, separate from most other fields of the legal world, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just 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 last steps of the process aren’t so simple. 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 do not get agreed upon or an offer is unacceptable that a claim may very well 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable 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 settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy 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 non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering 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 suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides 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 to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Maricopa
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!