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Have you or a loved one become hurt in an accident or through the negligence of others? Sure, sometimes incidents can be worked out through insurance or through a small claims case. Every once in a while it can be best to walk it off and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But there are times you really could use someone to take your side. Someone that will gun for your case. A professional who can fight on your side. Sometimes you really should retain a Prescott personal injury professional 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 injury happened.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is difficult. But keeping calm and logical can be the difference between getting the appropriate compensation or quitting the case with a situation that you will not like at all.
A Prescott personal injury professional can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even get the implications of the situation until speaking with a professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Prescott Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person will hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury attorney take?
A PIL generally takes a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 another person.
The second primary study of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of law, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that 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 strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award 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 simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The accusing party would rather settle for a little 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 give a much lesser amount.
What are the Personal Injury Lawyer’s 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Prescott
Here at DeLozier Law, we have many 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!