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Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? Many times incidents can be resolved through personal insurance or through a small claims case. If it is very minor it’s probably best to walk it off and move on.
But perhaps you need someone to have your back. Someone that will really fight for you. A person who can fight for your side. That’s when you really should have a Pima personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident 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. But staying calm and logical can be the difference between getting the appropriate compensation that you deserve or leaving the case with no recourse.
An experienced Pima personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Most people may not even get the implications of the situation until talking with a legal professional. An attorney can help you see all of this objectively, determine the claim and whether they can help with your case, and help you move forward with any possible case.
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What is a Pima Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney fight for?
The PIL generally takes a wide number of cases that can be separated 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 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.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential reasons for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other areas of law, personal injury professionals almost 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 a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up in court.
However, 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 costs. If the defending party is fully 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 settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 what either party wants. The plaintiff would rather settle for a little 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 Personal Injury Lawyer’s Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to 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. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Pima
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!