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Has a loved one or you been hurt either in an accident or through the willful neglect of others? Sure, sometimes incidents can be solved through insurance or through a small claims case. Occasionally it’s a good idea to walk it off and get on with your life.
But sometimes you really need someone to get your back. Someone that will gun for you. A person who can fight for your side. Then you really must have a Mohave County personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not ever fun. It’s an emotional time, and being objective is very hard. But staying cool and collected can make the difference between getting the best price or leaving the case empty handed.
A successful Mohave County personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even understand the facts of what might occur until talking with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any possible case.
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What is a Mohave County Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally tackles a wide variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of the legal world, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be 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 these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully aware that they are at fault for the incident that led to the claim, they probably do 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 out of the news and the public eye. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner 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 required to beat the claim.
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 of benefit to either party. 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.
What are the PIL Tasks?
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 formed 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 required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Mohave County
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 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!