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Duties of a Sexual Abuse Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the negligence of someone? Many times problems can be worked out by insurance or through a small claims case. Occasionally it’s best to forget about it and move on because it may cause you more headache than it is worth .
But sometimes you could use someone to take your side. Someone who will really gun for your cause. A professional who will really fight for your side. Then you really must have a Phoenix 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 happened.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is hard. However, staying cool and logically oriented can make the difference between getting the proper price or leaving the case broke.
A Phoenix personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the facts of what could happen until talking with a legal professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Phoenix Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually 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 attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer accept?
The PIL usually takes a large variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 a person.
The other main field of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposely 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 list of causes for a personal injury case is nearly endless.
In addition, unlike most other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in 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 these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case could potentially end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases 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 probably wants financial payment in the near term rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary 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. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 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 suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. 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 others or is in partial agreement, 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 Sexual Abuse Lawyer Near Me in Phoenix
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 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!