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Things a Hurt in a Wreck Lawyer does:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? Many times things can be solved through insurance or through a small claims court. Occasionally it’s best to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But there are times you could use someone to take your side. Someone that will really gun for your cause. A person who will really fight for your side. Sometimes you really must have a Paradise Valley personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is challenging. But staying calm and logically oriented can make the difference between receiving the best compensation or going home with no money.
A Paradise Valley personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the facts of what might occur until speaking with a legal professional. An attorney 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 ahead with any potential case.
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What is a Paradise Valley Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity on behalf of 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 a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party may retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems arising from the injury, and more.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the claim, and use all available 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 attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
The PIL generally tackles a wide variety of cases that can be separated 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 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 else.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is basically endless.
In addition, which is different than most other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially end up in court.
However, 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 costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 formed 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 attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Paradise Valley
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 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!