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What a Body Injury Lawyer Near Me does:
Have you or a loved one become injured either in an accident or by way of the negligence of someone? Many times things can be determined by personal insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and get on with your life.
But at times you really could use someone to have your back. Someone that will gun for you. Someone who will really fight for your side. Sometimes you really need a Surprise personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is hard. However, staying calm and logically oriented can make the difference between getting the appropriate payment or leaving the case feeling like you should have gotten a better deal.
A successful Surprise personal injury professional can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even comprehend the facts of what could happen until talking with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Surprise Body Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, 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 attorney when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response. But what cases does a personal injury lawyer fight for?
The PIL generally takes a large variety of cases that can be separated 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 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 primary study of a PIL is the purposely executed tort case. An intentional tort happens when one person willfully injures 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 list of causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a personal injury claim can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Surprise
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!