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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? Sure, sometimes problems can be settled by insurance or through a small claims case. If it is very minor it can be probably a good idea to walk it off and get on with your life.
But there are times you need someone to take your side. Someone that will really gun for your case. A professional who will really fight on your side. Those are the times you really must have a Maricopa personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an emotional time, and seeing things objectively is challenging. However, staying calm and logically oriented can make the difference between getting the fair payment or quitting the case with nothing.
An experienced Maricopa personal injury professional can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what could happen until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and whether they can help with your case, and help you move forward with the process of any potential claim.
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What is a Maricopa Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial means 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 bring the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the legal professional 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 are available, research any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
A PIL generally takes a wide variety of cases falling into two main fields. 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 uncaring state or incompetence of another.
The second main study of a PIL is the intentional injustice case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is nearly endless.
In addition, separate from most other areas of the legal world, PILs generally 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 won the case. It means that there is 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 these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And lastly, settlement allows the injured party 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 may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 Personal Injury Lawyer’s Duties?
First they will take care of finding 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 defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Maricopa
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 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!