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Has a loved one or you become hurt in an accident or through the negligence of someone? Sometimes things can be determined by insurance or through a small claims case. If it is not worth fighting for it can be a good idea to walk it off and get on with your life.
But there are times you really need someone to have your back. Someone that will fight for your cause. A person who can fight for your side. Then you really need a Paradise Valley personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and being objective is difficult. However, keeping cool and collected can be the difference between receiving the proper compensation that you deserve or going home feeling like you didn’t get what you wanted.
A Paradise Valley personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the facts of what’s happening until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with any possible case.
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What is a Paradise Valley Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover money 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 lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL 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, research any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL generally handles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 another.
The second primary study of a PIL is the intentional tort case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is 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 just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could 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 claim can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may just not want to finish the exhausting 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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees 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 others or only partially agrees 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 Emotional Abuse Lawyer Near Me in Paradise Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!