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Things a Non-Accident Personal Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or by way of the willful negligence of someone? Many times things can be resolved through insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But at times you could use someone to get your back. Someone that will really gun for your case. A person who can really fight for your side. Those are the times you really must have a Eloy personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is very hard. But keeping calm and collected can make the difference between receiving the fair price or dropping the case feeling like you didn’t get what you wanted.
An experienced Eloy personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of the legal system. Most people may not even fully realize the full breadth of what’s happening until talking with a professional. A lawyer can help you see all of this objectively, determine the claim and how they can help with your case, and help you move forward with any potential claim or case.
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What is a Eloy Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil 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 person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
The PIL generally handles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually 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.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal world, personal injury attorneys generally 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 is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may end up in front of a judge.
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 defendant is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award 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 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 for the best. The plaintiff would rather settle for a little 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 attorney has built 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 required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim to court. This is determined by how much the other party 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 terms but not others or only is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Eloy
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!