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What a Personal Injury Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or through the negligence of others? At times incidents can be dealt with through personal insurance or through a small claims case. Every once in a while it’s best to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone that will fight for your cause. A professional who can really fight on your side. Those are the times you really must have a Thatcher personal injury lawyer 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 harmed by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is nearly impossible. However, remaining cool and logical can make the difference between getting the fair payment that you deserve or going home a permanently awful situation.
An experienced Thatcher personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even understand the breadth of the situation until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move ahead with any potential claim.
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What is a Thatcher Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments 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 begin the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
A PIL usually tackles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other fields of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally 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 a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone 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 or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 plaintiff may in many cases rather settle for a little 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the claim 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. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Thatcher
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!