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What a Elder Abuse Lawyer Near Me does:
But sometimes you could use someone to take your side. Someone that will fight for your cause. A person who will fight on your side. Sometimes you really should retain a Mesa personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is very hard. But staying cool and collected can be the difference between receiving the proper payment that you deserve or going home with no money.
A Mesa personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. Most people may not even get the implications of what could happen until discussing the matter with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move ahead with any potential claim.
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What is a Mesa Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person might hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
The PIL generally takes a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary study of a PIL is the intentional injustice case. A purposeful tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, separate from most other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending 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 well-known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of getting 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Mesa
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 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!