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Have you or a loved one been hurt in an accident or by way of the willful negligence of someone? There are times things can be settled through personal insurance or through a small claims case. If it is very minor it’s best to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you really need someone to take your side. Someone that will really fight for your cause. Someone who will really fight on your side. That’s when you really need a Apache Junction personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. However, staying calm and logically oriented can make the difference between getting the fair price or quitting the case feeling incompetent.
A Apache Junction personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. Most people may not even comprehend the potential consequences of what could happen until talking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible case.
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What is a Apache Junction Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments 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 a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all their possible resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL usually handles a wide variety of cases falling into two primary categories. 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 caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is basically endless.
In addition, unlike nearly all other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defending 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 on the down low. This is especially important for publicly known people. A large trial brings public attention. 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 confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation works out, chooses if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Apache Junction
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!