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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or through the neglect of someone? Many times problems can be resolved through personal insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you really could use someone to get your back. Someone who will really fight for your cause. A person who can really fight on your side. Those are the times you really must have a Phoenix 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 hurt in a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is challenging. However, remaining calm and logically oriented can make the difference between receiving the appropriate compensation that you deserve or dropping the case with a situation you will never recover from.
An experienced Phoenix personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even comprehend the facts of what’s happening until discussing the matter with a professional. An attorney can help you realize 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 forward with any possible claim.
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What is a Phoenix Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other assets 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 lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues caused by the injury, and more.
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 are available, research any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
The PIL usually handles a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be caused by 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 study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is basically endless.
In addition, and completely different from most other fields of law, PILs almost always work on a contingency fee basis. This means 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 strictly upon financial compensation received by their client.
What Could Happen 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 totally unacceptable that a case will end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded 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 settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 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 claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has formed 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 lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Phoenix
Here at DeLozier Law, we have over 4 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!