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Have you or a loved one become injured in an accident or by way of the willful neglect of others? Sometimes incidents can be resolved through insurance or through a small claims case. If it is very minor 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 spending your extremely valuable time on.
But at times you need someone to take your side. Someone who will really fight for your cause. Someone who can fight for your side. That’s when you really must have a Nogales personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is nearly impossible. However, staying calm and collected can be the difference between getting the proper payment that you deserve or going home empty handed.
A great Nogales personal injury attorney can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the breadth of what’s happening until conversing with a professional. An attorney can help you realize all of this objectively, determine if a claim exists and how they can be of service, and help you move forward with any potential case.
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What is a Nogales 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 valuables 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 someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases could a personal injury attorney take on?
A PIL usually handles a wide variety of cases that fall into two primary 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 caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main study of a PIL is the intentional tort case. A purposeful tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is essentially endless.
In addition, separate from most other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal 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 in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim can end up in front of a judge.
However, it is rare 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 unneeded legal costs. If the defending party is totally 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 award 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 or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment sooner rather than down the road. 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 a legal battle.
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 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 risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has built 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 incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Nogales
Here at DeLozier Law, we have many 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!