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Have you or a loved one been hurt in an accident or through the neglect of others? At times problems can be settled through insurance or through a small claims court. Occasionally it’s probably best to drop it and move on because it may cause you more headache than it is worth spending your time on.
But at times you need someone to take your side. Someone that will fight for you. A professional who will really fight for your side. Then you really should have a Tempe personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is never fun. It’s an extremely trying time, and seeing things objectively is difficult. But keeping calm and collected can make the difference between receiving the fair compensation that you deserve or going home worse off than before.
An experienced Tempe personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the implications of what might occur until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with any potential case.
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What is a Tempe Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL generally handles a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 person.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of law, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 do not get agreed upon or an offer is totally unacceptable that a case could potentially 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 fees. If the defendant is fully 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than down the road. 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 win the case.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting 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 suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Tempe
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 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!