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Have you or a loved one become injured in an accident or through the neglect of others? At times incidents can be settled through personal insurance or through a small claims case. Every once in a while it’s best to forget about it and move on.
But at times you really need someone to get your back. Someone who will really gun for your cause. Someone who can really fight on your side. That’s when you really should retain a Phoenix personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is hard. However, staying cool and logical can be the difference between getting the fair compensation that you deserve or dropping the case feeling like you didn’t get what you wanted.
An experienced Phoenix personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even realize the full breadth of what’s happening until sitting down with a professional. That person can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Phoenix PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person can hire a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
A PIL generally handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 negligence or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury attorneys 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 the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 personal injury claim will end up going to trial.
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 other party is totally 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. 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 in court for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful PTSD 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 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!