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Has a loved one or you been hurt in an accident or through the willful neglect of someone? Sure, sometimes things can be determined through insurance or through a small claims court. If it is extremely minor it’s best to walk it off and get on with your life.
But sometimes you could use someone to get your back. Someone who will fight for your cause. A person who can fight for your side. Those are the times you really should retain a Willcox personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is difficult. But keeping cool and collected can be the difference between getting the best payment that you deserve or quitting the case feeling incompetent.
An experienced Willcox personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of the legal system. Many people may not even comprehend the full breadth of the situation until sitting down 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 how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Willcox Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases can a personal injury lawyer accept?
The PIL usually tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 someone else.
The second main study of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of law, PILs 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 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 an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting 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 case will 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than having to wait. Or they may just 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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees 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 Elder Abuse Lawyer Near Me in Willcox
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!