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Has a loved one or you become hurt either in an accident or through the willful negligence of others? There are times incidents can be resolved through insurance or through a small claims court. Every once in a while it’s probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you could use someone to get your back. Someone who will fight for you. Someone who can really fight on your side. Then you really need a Paradise Valley personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. However, staying cool and logical can be the difference between getting the proper price that you deserve or leaving the case with a situation that you will not like at all.
A great Paradise Valley personal injury professional can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the breadth of the situation until talking with a legal professional. A legal adviser 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 forward with the process of any potential case.
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What is a Paradise Valley Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other assets 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 lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases can a personal injury attorney take?
The PIL generally takes a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 carelessness or incompetence of someone else.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats 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 Are the Implications in an Injury Case?
Of course, sometimes even the last 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 wind up floating back and forth in limbo or an offer is unacceptable that a case will end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is completely 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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. 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 taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses 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 completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or 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 go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Paradise Valley
Here at DeLozier Law, we have over 4 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!