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What a Body Injury Lawyer Near Me does:
But at times you really need someone to take your side. Someone that will really fight for your case. A person who will fight for your side. That’s when you really need a Maricopa County personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is nearly impossible. However, remaining cool and collected can make the difference between getting the fair payment that you deserve or quitting the case feeling like you should have gotten a more appropriate solution.
A great Maricopa County personal injury attorney can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even realize the potential consequences of what could happen until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with the process of any potential case.
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What is a Maricopa County Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 lawyer is retained by the defendant. In the case of bodily injury, the injured party can retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
A PIL generally handles a wide variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 field of a PIL is the intentional injustice case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal universe, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who 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 strictly 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 so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim can end up in front of a judge.
But it is rare 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 unnecessary legal costs. If the liable party is fully 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 down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, 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 Body Injury Lawyer Near Me in Maricopa County
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 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!