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Duties of a Emotional Abuse Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the negligence of others? Many times things can be worked out through personal insurance or through a small claims case. Every once in a while it can be best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to take your side. Someone who will really gun for your case. Someone who will fight for your side. Sometimes you really should retain a Navajo County personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and being objective is challenging. But remaining cool and logically oriented can be the difference between receiving the fair price or quitting the case with no money.
An experienced Navajo County personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of what might occur until discussing the matter with a legal professional. An attorney can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move forward with the process of any potential claim.
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What is a Navajo County Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury professional when said case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
A PIL generally tackles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of law, personal injury lawyers generally 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 is 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 Could Happen in an Injury Case?
Of course, sometimes even the 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may end up going to court.
But 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 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 lend much larger damages.
Secondly, a settlement can help keep the case 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 provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 the best situation for either. The plaintiff would rather settle for 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 finding 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 opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Navajo 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!