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Duties of a Train Personal Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or by way of the willful neglect of someone? Many times incidents can be dealt with through insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life.
But there are times you really could use someone to take your side. Someone that will gun for you. Someone who can fight for your side. Sometimes you really must have a Arizona personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing things objectively is difficult. However, staying cool and collected can make the difference between receiving the best compensation that you deserve or going home with a situation you will never recover from.
A successful Arizona personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even get the potential consequences of what could happen until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move ahead with any potential claim or case.
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What is a Arizona Train Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity on behalf of 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 another civil attorney is retained by the defendant. In the case of bodily injury, the injured party may retain a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems arising from the injury, and more.
After the attorney 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, research any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer could fie a lawsuit in response. But what cases could a personal injury attorney take?
A PIL usually handles a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, which is different than most other fields of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won 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 a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case can 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 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 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 Personal Injury Lawyer’s Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turns out, chooses whether or not 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 no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement 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 go to court.
Choose the Successful Train Personal Injury Lawyer Near Me in Arizona
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!