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Has a loved one or you become injured in an accident or by way of the negligence of someone? Many times issues can be worked out by insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you need someone to have your back. Someone that will fight for your cause. Someone who will fight on your side. That’s when you really must have a Springerville personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is nearly impossible. However, staying calm and logically oriented can be the difference between receiving the appropriate payment that you deserve or going home feeling horrible.
A Springerville personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what’s happening until sitting down with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with any possible case.
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What is a Springerville Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party could hire a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation fails, the lawyer can file a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL usually takes a wide variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is essentially endless.
In addition, and completely different from most other areas of the legal universe, PILs almost 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 overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon 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 unacceptable that a personal injury claim could potentially end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is totally 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award 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 complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed 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 attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Sexual Abuse Lawyer Near Me in Springerville
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!