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Has a loved one or you been injured either in an accident or by way of the willful negligence of someone? Sure, sometimes incidents can be worked out by insurance or through a small claims case. Occasionally it can be probably best to drop it and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to take your side. Someone that will fight for your cause. A person who can really fight for your side. Those are the times you really must have a Tempe personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is challenging. However, staying cool and logical can be the difference between receiving the appropriate price or going home with no money.
An experienced Tempe personal injury lawyer can act as a buffer between you and the challenging 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 get the facts of the situation until conversing with a professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Tempe Auto Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 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 to defend it. In the case of bodily injury, the injured person can retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to your claim, and use all possible resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL generally takes a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be 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 a person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, separate from 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 beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 claim may very well end up in court.
But 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 unneeded legal costs. If the liable party is fully 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 give 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 or large high profile companies. A large trial brings public attention. 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 privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 the best situation for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Auto Accident Lawyers Near Me in Tempe
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 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!