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Have you or a loved one been injured either in an accident or through the neglect of someone? Many times incidents can be solved by personal insurance or through a small claims court. Occasionally it can be probably best to drop it and get on with your life.
But maybe you need someone to have your back. Someone who will gun for your cause. Someone who can really fight for your side. Sometimes you really should retain a Payson personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never enjoyable. It’s a very trying time, and being objective is difficult. But remaining calm and logically oriented can make the difference between receiving the fair payment or going home with a situation you will never recover from.
An experienced Payson personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the breadth of what might occur until conversing with a professional. An attorney can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any potential claim.
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What is a Payson Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL usually takes a large variety of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully 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, unlike nearly all other fields of law, personal injury professionals nearly always 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 should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 totally unacceptable that a case may end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is 100% 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 out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone 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 or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them 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 Elder Abuse Lawyer Near Me in Payson
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 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!