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Have you or a loved one become hurt either in an accident or by way of the neglect of others? Sometimes issues can be determined through personal insurance or through a small claims case. Occasionally it can be a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But there are times you need someone to take your side. Someone who will really gun for you. A person who can fight on your side. Those are the times you really need a Tempe personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing things objectively is challenging. However, remaining calm and logically oriented can make the difference between getting the best compensation or going home with your tail between your legs.
A Tempe personal injury professional can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. Most people may not even fully realize the breadth of what could happen until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any possible case.
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What is a Tempe Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired 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 begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything 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 the case, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
A PIL usually takes a wide number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon 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 can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may 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 a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply 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 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 what either party wants. The accusing party would 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 award a much lesser amount due to unknown circumstances pretrial.
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides 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.
Choose the Successful Emotional Abuse Lawyer Near Me in Tempe
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!