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Have you or a loved one been injured in an accident or through the willful neglect of someone? There are times issues can be solved through insurance or through a small claims court. If it is very minor it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But perhaps you really need someone to have your back. Someone that will fight for your case. Someone who will fight on your side. That’s when you really should have a Maricopa personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is hard. But remaining calm and collected can make the difference between receiving the appropriate compensation or dropping the case broke.
A great Maricopa personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Most people may not even comprehend the implications of what could happen until speaking with a legal professional. That person can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Maricopa Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what cases could a personal injury lawyer accept?
The PIL usually takes a wide variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 negligence or incompetence of someone else.
The other main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other fields of the legal universe, personal injury lawyers usually 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these 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 do not get agreed upon or an offer is unacceptable that a case may very well end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 Duties?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse 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 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!