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Have you or a loved one become injured either in an accident or by way of the willful neglect of someone? There are times things can be dealt with by insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and get on with your life.
But perhaps you need someone to take your side. Someone that will fight for your cause. A professional who will fight for your side. Those are the times you really need a Mesa personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get 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 a good time. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, staying calm and logically oriented can be the difference between getting the best price or quitting the case with no settlement.
An experienced Mesa personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even fully realize the breadth of the situation until discussing the matter with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible claim.
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What is a Mesa Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover cash 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 attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
The PIL generally tackles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary study of a PIL is the intentional injustice case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim can end up in front of a judge.
However, 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally 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 settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than later. 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 necessary to beat the claim.
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 of benefit to either party. The accusing party 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to push to bring the case 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. If the other party agrees completely to everything proposed, 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 determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Mesa
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!