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What a Hurt in a Wreck Lawyer does:
Has a loved one or you been hurt in an accident or by way of the willful neglect of others? Many times things can be worked out by insurance or through a small claims case. If it is extremely minor it can be a good idea to drop it and get on with your life.
But there are times you could use someone to take your side. Someone who will gun for you. A professional who will really fight for your side. Then you really must have a Apache Junction personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and being objective is difficult. However, staying calm and collected can be the difference between receiving the best compensation that you deserve or quitting the case with your tail between your legs.
An experienced Apache Junction personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even comprehend the facts of what might occur until conversing with a legal professional. That person can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with the process of any potential case.
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What is a Apache Junction Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response. But what cases would a personal injury attorney take?
A PIL generally tackles a wide variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other fields of law, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 totally unacceptable that a case can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties 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 many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest 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 PIL Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Hurt in a Wreck Lawyer in Apache Junction
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 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!