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Have you or a loved one become injured in an accident or through the willful neglect of others? At times things can be settled through insurance or through a small claims court. Every once in a while it can be a good idea to walk it off and move on.
But there are times you could use someone to take your side. Someone that will fight for your case. A professional who will really fight on your side. That’s when you really should retain a Mohave County personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is hard. But keeping cool and logical can make the difference between receiving the fair payment that you deserve or dropping the case with nothing.
An experienced Mohave County personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the implications of what’s happening until sitting down with a legal professional. An attorney can help you see all of this objectively, determine the claim and whether they can be of service, and help you move forward with the process of any possible claim.
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What is a Mohave County Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for 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 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 may hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront 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 he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases would a personal injury attorney take on?
The PIL usually takes a large number of cases that can be separated into two primary 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 uncaring state or incompetence of a person.
The second main study of a PIL is the intentional tort case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who 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 only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim could potentially end up going to court.
But 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 other 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner 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 simply not want to finish the ridiculously long 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine 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 Mohave County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!