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Duties of a Emotional Abuse Lawyer Near Me:
Has a loved one or you become injured in an accident or by way of the willful neglect of others? Many times incidents can be solved by personal insurance or through a small claims court. Occasionally it’s probably best to forget about it and move on.
But sometimes you need someone to take your side. Someone that will really fight for you. A professional who will fight for your side. Those are the times you really must have a Mesa personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is hard. However, staying calm and collected can be the difference between receiving the best price that you deserve or going home feeling like you didn’t get what you wanted.
An experienced Mesa personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the full breadth of what might occur until sitting down with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with the process of any potential claim.
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What is a Mesa Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
A PIL usually handles a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 uncaring state or incompetence of a person.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposefully injures 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, and in contrast to most other fields of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an 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 unacceptable that a claim will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many 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 100% 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. 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 provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Emotional 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!