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Things a Body Injury Lawyer Near Me does:
Have you or a loved one been injured either in an accident or by way of the willful negligence of others? Many times incidents can be dealt with by personal insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and move on.
But there are times you really need someone to take your side. Someone that will really gun for you. Someone who can really fight on your side. Those are the times you really should retain a Chandler personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is nearly impossible. But remaining calm and collected can make the difference between getting the appropriate payment that you deserve or quitting the case feeling incompetent.
A Chandler personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until discussing the matter with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any possible case.
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What is a Chandler Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
The PIL usually tackles a wide variety of cases that fall into two main groups. 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 uncaring state or incompetence of another.
The second primary study of a PIL is the intentional tort case. An intentional tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is basically endless.
In addition, unlike pretty much all other fields of the legal world, 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 is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 personal injury claim could potentially end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 out of the news and the public eye. 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 bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. 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 further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Chandler
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!