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What a Emotional Abuse Lawyer Near Me does:
Have you or a loved one become injured either in an accident or by way of the neglect of others? At times problems can be resolved by personal insurance or through a small claims court. If it is extremely minor it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth .
But at times you really need someone to get your back. Someone that will gun for your case. A person who will really fight for your side. Sometimes you really should have a Phoenix personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, keeping cool and logical can be the difference between receiving the proper compensation that you deserve or leaving the case with no money.
A great Phoenix personal injury professional can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what’s happening until discussing the matter with a professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any possible claim or case.
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What is a Phoenix Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover cash 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 bring the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
A PIL generally handles a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be 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 an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 totally unacceptable that a claim will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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 PIL Duties?
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 lawyer 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 suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Emotional Abuse Lawyer Near Me in Phoenix
Here at DeLozier Law, we have many 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!