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Have you or a loved one become hurt in an accident or by way of the willful negligence of others? Sometimes issues can be dealt with through insurance or through a small claims court. If it is very minor it can be a good idea to forget about it and move forward.
But sometimes you need someone to get your back. Someone who will really fight for your cause. A person who can really fight for your side. Sometimes you really need a Peoria AZ personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is difficult. But staying cool and logical can be the difference between receiving the best compensation that you deserve or leaving the case with nothing.
A Peoria AZ personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what might occur until conversing with a professional. That person can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any possible claim.
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What is a Peoria AZ Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL generally tackles a wide variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 a person.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal universe, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these 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 do not get agreed upon or an offer is unacceptable that a case could potentially end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation 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 everything else that is necessary to win a legal battle.
And finally, 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Peoria AZ
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 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!