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What a Body Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or through the willful neglect of others? There are times problems can be worked out by insurance or through a small claims case. If it is not worth fighting for it can be a good idea to drop it and get on with your life.
But maybe you need someone to get your back. Someone who will gun for your cause. A professional who can really fight for your side. Those are the times you really should retain a Goodyear personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is very hard. But remaining cool and logical can make the difference between receiving the best payment that you deserve or going home feeling like you didn’t get what you wanted.
A successful Goodyear personal injury legal representative can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. Many people may not even get the full breadth of the situation until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Goodyear Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what cases could a personal injury lawyer accept?
A PIL usually takes a large variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, separate from most other fields of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon 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 necessarily easy. 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 case can end up going to trial.
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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation in the near term 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 simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 accusing party 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 court case or having a judge or jury award a much lesser amount.
What are the PIL 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 lawyer has built 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 required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Goodyear
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!