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Have you or a loved one been injured either in an accident or through the negligence of others? Many times issues can be resolved through personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and move on because it may cause you more headache than it is worth .
But sometimes you really could use someone to take your side. Someone who will really fight for your case. A professional who can fight for your side. Then you really should retain a Surprise 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 happened.
Being unwillingly involved in a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and being objective is challenging. But remaining cool and collected can be the difference between receiving the best payment that you deserve or going home feeling horrible.
A successful Surprise personal injury attorney can act as a counselor between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Most people may not even fully realize the breadth of what’s happening until sitting down with a professional. An attorney can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Surprise Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL generally tackles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 carelessness or incompetence of a person.
The second main study of a PIL is the purposely executed injustice case. An intentional tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of law, personal injury attorneys 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 wins 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 Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial award 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 just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for 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 due to unknown circumstances pretrial.
What are the PIL Duties?
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Surprise
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!