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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or through the willful negligence of others? Sometimes things can be solved by insurance or through a small claims case. If it is not worth fighting for it’s probably best to walk it off and move on.
But there are times you need someone to take your side. Someone who will fight for your case. A professional who will really fight on your side. That’s when you really should retain a Casa Grande personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing things objectively is nearly impossible. But staying cool and logically oriented can be the difference between getting the appropriate price or going home empty handed.
An experienced Casa Grande personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what’s happening until sitting down with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Casa Grande Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury lawyer take?
A PIL usually handles a large variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 uncaring state or incompetence of a person.
The second main study of a PIL is the intentional injustice case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is pretty much endless.
In addition, unlike most other areas of law, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. 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 final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim will end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment 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 simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, 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 Personal Injury Lawyer Near Me in Casa Grande
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!