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Have you or a loved one become injured either in an accident or by way of the willful neglect of others? Sometimes problems can be settled by personal insurance or through a small claims court. Every once in a while it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you need someone to have your back. Someone that will gun for your cause. Someone who will fight on your side. That’s when you really must have a Prescott Valley personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is nearly impossible. However, staying calm and collected can make the difference between receiving the fair compensation or dropping the case feeling like you should have gotten a more appropriate solution.
A successful Prescott Valley personal injury attorney can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what might occur until speaking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Prescott Valley Sexual Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party will retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health problems arising from the injury, and more.
After the PIL has been hired, 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, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what cases can a personal injury attorney take on?
A PIL generally handles a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main study of a PIL is the intentional injustice case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal universe, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a 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 claim could potentially end up going to court.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give 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 attorney 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 happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not 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.
Choose the Successful Sexual Abuse Lawyer Near Me in Prescott Valley
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!