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Has a loved one or you become hurt in an accident or by way of the willful neglect of someone? Many times issues can be settled by personal insurance or through a small claims court. Occasionally it’s probably a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to take your side. Someone that will gun for your cause. Someone who can fight for your side. Then you really must have a Arizona personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and being objective is nearly impossible. However, keeping cool and logical can make the difference between getting the best compensation or going home feeling horrible.
An experienced Arizona personal injury attorney can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until discussing the matter with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Arizona PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are usually retained to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from 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 possible resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
A PIL usually takes a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 carelessness or incompetence of someone.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, separate from most other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting 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 case may very well 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 a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is fully 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to complete 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case 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 locating 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 opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely 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 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 go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Arizona
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!