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Has a loved one or you been injured either in an accident or by way of the neglect of someone? There are times things can be dealt with through personal insurance or through a small claims court. Occasionally it’s a good idea to walk it off and move forward.
But maybe you need someone to have your back. Someone who will really gun for your cause. A professional who will really fight on your side. Then you really must have a Wickenburg personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing things objectively is nearly impossible. But keeping cool and logically oriented can be the difference between getting the best price that you deserve or quitting the case with your tail between your legs.
A Wickenburg personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even understand the full breadth of what might occur until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with any potential claim.
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What is a Wickenburg Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person will hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
The PIL generally tackles a wide variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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 someone else.
The second main study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is basically endless.
In addition, and completely different from most other fields of the legal universe, PILs nearly always 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 any other service. Their fee is based strictly upon a percentage of the 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 enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up in front of a judge.
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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is 100% 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 settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may just 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 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 may in many cases rather settle for a little 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 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Wickenburg
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!