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Have you or a loved one been injured either in an accident or through the negligence of someone? Sometimes incidents can be determined through insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and move on.
But sometimes you need someone to take your side. Someone who will fight for your cause. Someone who can really fight on your side. That’s when you really need a Tolleson personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is challenging. However, staying cool and collected can be the difference between receiving the best compensation that you deserve or quitting the case with no money.
A great Tolleson personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the potential consequences of what could happen until speaking with a professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Tolleson Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
The PIL generally takes a large number of cases that fall into two primary 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 carelessness or incompetence of someone.
The second main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of the legal universe, PILs generally work on a contingency fee basis. This means 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 just 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 send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may very well end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally 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 out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants 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 just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Emotional Abuse Lawyer Near Me in Tolleson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!