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Has a loved one or you become injured either in an accident or through the negligence of others? Sometimes problems can be solved by personal insurance or through a small claims case. If it is very minor it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you need someone to have your back. Someone who will really fight for your case. A person who can really fight for your side. Sometimes you really should have a Safford personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing things objectively is difficult. However, keeping cool and logical can make the difference between getting the best compensation or leaving the case with no settlement.
An experienced Safford personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of the situation until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with any possible claim.
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What is a Safford Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can hire a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
The PIL generally takes a wide number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 someone else.
The second primary study of a PIL is the purposely executed injustice case. A purposeful tort happens when one person 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 reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other fields of the legal world, personal injury professionals 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 overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up in 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully aware that they are at fault for the incident that led to the claim, they may 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 on the DL. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment sooner 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 never-ending 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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Safford
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 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!