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Have you or a loved one become injured either in an accident or by way of the negligence of someone? There are times things can be resolved through insurance or through a small claims court. Every once in a while it’s probably best to walk it off and move forward because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you could use someone to take your side. Someone that will really gun for your case. Someone who will fight on your side. Sometimes you really must have a Sedona personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the incident happened.
Being victimized by a crime, accident, or negligence is not a good time. It’s an emotional time, and seeing things objectively is very hard. However, staying cool and logically oriented can make the difference between receiving the fair price that you deserve or leaving the case broke.
A great Sedona personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Most people may not even fully realize the implications of what’s happening until talking with a professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move ahead with any possible claim.
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What is a Sedona Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
A PIL generally handles 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, vehicle 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 a person.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal world, personal injury attorneys 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 has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications 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 wind up floating back and forth in limbo or an offer is unacceptable that a 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the never-ending 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 what either party wants. The accusing party may in many cases rather settle for 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, 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, 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 go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Sedona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!