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Has a loved one or you been hurt either in an accident or by way of the neglect of others? Many times problems can be solved by insurance or through a small claims court. Occasionally it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But perhaps you could use someone to get your back. Someone who will really fight for your cause. Someone who can really fight for your side. Those are the times you really should have a Yavapai County personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s a very trying time, and being objective is difficult. But remaining calm and collected can be the difference between receiving the fair price that you deserve or dropping the case feeling horrible.
An experienced Yavapai County personal injury professional can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our intense legal system. Most people may not even realize the facts of the situation until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any potential case.
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What is a Yavapai County Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the attorney 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 are available, research any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL usually handles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person willfully 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 potential reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who 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 solely upon financial compensation received by their client.
What Could the Result Be in an 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim will end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they may 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 high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to 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. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the never-ending 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer Near Me in Yavapai County
Here at DeLozier Law, we have many 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!