Top Rated Injury From Doctor Lawyer Near Me in Fountain Hills For 2024
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Has a loved one or you become injured in an accident or through the willful neglect of others? At times incidents can be solved by personal insurance or through a small claims case. If it is extremely minor it’s a good idea to drop it and move on.
But sometimes you really could use someone to take your side. Someone who will really fight for you. Someone who will fight on your side. Those are the times you really should have a Fountain Hills personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is hard. But keeping calm and logical can make the difference between receiving the appropriate payment or quitting the case a permanently awful situation.
An experienced Fountain Hills personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what might occur until speaking with a legal professional. An attorney can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with any possible claim or case.
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What is a Fountain Hills Injury From Doctor Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your case, 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 consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
A PIL usually takes a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 another person.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful 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. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, separate from 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 has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon 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 so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may very well end up going to court.
However, it is rare 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 unneeded legal fees. If the defending party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. 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 is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. 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 unsettled for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 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 Personal Injury Lawyer’s 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 opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Injury From Doctor Lawyer Near Me in Fountain Hills
Here at DeLozier Law, we have many 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!