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Has a loved one or you become injured either in an accident or through the willful negligence of someone? At times issues can be determined through personal insurance or through a small claims court. If it is not worth fighting for it’s best to walk it off and get on with your life because it may cause you more headache than it is worth .
But sometimes you need someone to take your side. Someone that will fight for your cause. Someone who can really fight on your side. Then you really must have a Avondale personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is difficult. However, keeping calm and logical can make the difference between getting the fair price or leaving the case feeling like you didn’t get what you wanted.
A great Avondale personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even understand the potential consequences of what might occur until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and whether they can be of service, and help you move ahead with any potential case.
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What is a Avondale Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
A PIL generally tackles a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone willfully 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 nearly endless.
In addition, and completely different from nearly all other areas 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 or entity that they are representing has overcome 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 the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may end up going to trial.
But it is rare 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 unnecessary legal fees. If the defending party 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. 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 bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 locating 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Wrongful Death Lawyer Near Me in Avondale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!