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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the willful negligence of others? Sure, sometimes issues can be solved by insurance or through a small claims court. If it is not worth fighting for it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you need someone to get your back. Someone that will fight for you. Someone who can fight for your side. Those are the times you really should retain a Maricopa County personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and being objective is challenging. But staying cool and logically oriented can be the difference between receiving the fair payment that you deserve or dropping the case with no money.
An experienced Maricopa County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what could happen until conversing with a legal professional. That person can help you see all of this objectively, determine the claim and whether they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Maricopa County Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person 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 to defend against it. In the case of bodily injury, the injured person can retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If 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 attorney take?
A PIL generally tackles a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. 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 settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Maricopa County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!