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What a Train Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? Sometimes incidents can be settled through personal insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and get on with your life.
But maybe you really could use someone to take your side. Someone who will really gun for your case. Someone who will really fight on your side. Those are the times you really should retain a Mesa personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is never fun. It’s an extremely trying time, and seeing the situation objectively is challenging. However, keeping cool and logically oriented can be the difference between receiving the proper price that you deserve or quitting the case feeling incompetent.
An experienced Mesa personal injury attorney can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of the legal system. Most people may not even realize the full breadth of the situation until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can be of service, and help you move ahead with the process of any possible case.
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What is a Mesa Train Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity on behalf of 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 attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
The PIL generally takes a wide number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is 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 the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case could potentially 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 unnecessary legal costs. If the defending party is fully 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Train Personal Injury Lawyer Near Me in Mesa
Here at DeLozier Law, we have over 4 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!