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Have you or a loved one been injured either in an accident or through the neglect of someone? There are times issues can be settled through personal insurance or through a small claims court. If it is very minor it’s best to drop it and move on because it may cause you more headache than it is worth .
But sometimes you could use someone to take your side. Someone who will really fight for your case. Someone who will really fight on your side. Sometimes you really should retain a Arizona personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing the situation objectively is difficult. However, staying cool and logical can make the difference between getting the appropriate compensation or leaving the case with no money.
An experienced Arizona personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even fully realize the implications of the situation until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any potential claim.
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What is a Arizona Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained to recover money 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 begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will 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 caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will confront 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 work out a settlement in the case. If negotiation falls through, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
A PIL generally takes a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is basically endless.
In addition, unlike pretty much all other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. 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 the 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 do not get agreed upon or an offer is totally unacceptable that a case will end up in court.
However, it is rare 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 defending party is completely 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 settling the case will keep it on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to complete 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 of benefit to either party. The plaintiff 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 due to unknown circumstances pretrial.
What are the PIL 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Arizona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!