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Things a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you become hurt either in an accident or by way of the negligence of others? Sometimes issues can be dealt with by personal insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and move on.
But sometimes you could use someone to take your side. Someone who will really gun for your case. Someone who can fight on your side. That’s when you really must have a Maricopa personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, remaining calm and logically oriented can make the difference between receiving the appropriate compensation or quitting the case broke.
An experienced Maricopa personal injury attorney can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the facts of what could happen until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with any potential claim or case.
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What is a Maricopa Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury lawyer take on?
A PIL generally tackles a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be 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 someone.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 personal injury claim may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is fully aware that they are at fault for the incident that led to the claim, they may 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 on the down low. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Maricopa
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!