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Have you or a loved one become hurt either in an accident or through the neglect of others? There are times issues can be resolved through insurance or through a small claims court. Occasionally it’s probably best to forget about it and move on.
But there are times you could use someone to get your back. Someone that will really fight for your case. Someone who can really fight on your side. Sometimes you really should have a Quartzsite personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing the situation objectively is difficult. But remaining calm and logical can be the difference between getting the best compensation or dropping the case with nothing.
An experienced Quartzsite personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the facts of what’s happening until speaking with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any possible claim or case.
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What is a Quartzsite Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity on behalf of 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 initiate 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 hire a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response. But what cases could a personal injury lawyer take on?
The PIL generally tackles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposely hurts 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 potential reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other areas of law, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just 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 could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain unsettled 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 finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. 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 partially agrees to terms, the ball is then put back in the plaintiff’s court to decide 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 Quartzsite
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 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!