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Have you or a loved one been injured either in an accident or through the willful negligence of others? Sometimes incidents can be dealt with through insurance or through a small claims court. If it is very minor it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you really could use someone to get your back. Someone that will gun for your case. A professional who will really fight for your side. Sometimes you really need a Navajo County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is difficult. But keeping calm and logically oriented can make the difference between getting the proper payment or going home with nothing.
An experienced Navajo County personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even get the breadth of the situation until conversing with a professional. That person can help you see all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move forward with any possible claim.
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What is a Navajo County Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person will hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
A PIL generally tackles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of 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 someone else.
The second main field of a PIL is the purposely executed tort case. An intentional tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. This means 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim can end up in 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is 100% 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 settlement can help keep the case on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 Tasks?
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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Navajo County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!