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Things a Plane Personal Injury Lawyer Near Me does:
Has a loved one or you become injured in an accident or by way of the willful negligence of someone? Sometimes things can be solved by personal insurance or through a small claims court. Every once in a while it’s probably best to drop it and get on with your life.
But there are times you could use someone to get your back. Someone who will gun for your cause. Someone who will fight for your side. That’s when you really should retain a Gilbert personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is difficult. But staying calm and collected can make the difference between getting the best price or dropping the case broke.
A Gilbert personal injury professional can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what could happen until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move forward with the process of any possible claim.
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What is a Gilbert Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually hired 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
A PIL usually handles a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up in front of a judge.
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 completely 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
And lastly, 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 what either party wants. The plaintiff would rather settle for a little 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built 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 requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not 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. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Gilbert
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!