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Things a Body Injury Lawyer Near Me does:
Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? Sure, sometimes things can be dealt with by personal insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But sometimes you need someone to take your side. Someone that will gun for you. A professional who can really fight for your side. Then you really need a Arizona personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life before the injury happened.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing the situation objectively is very hard. But remaining cool and collected can make the difference between getting the proper price or going home with nothing.
A Arizona personal injury attorney can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even fully realize the full breadth of what might occur until sitting down with a professional. That person can help you see 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 possible claim or case.
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What is a Arizona Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury lawyer when the 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 personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
The PIL generally takes a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 negligence or incompetence of someone.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally hurts 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 basically endless.
In addition, unlike most other fields of the legal world, PILs generally work on a contingency fee basis. This means 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 strictly upon a percentage of the 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 necessarily easy. The injured party can send back a 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 unacceptable that a personal injury claim could potentially end up going to court.
But 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 100% aware that they are at fault for the incident that led to the claim, they probably do 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 low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to finish the ridiculously long 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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give 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 legal professional has formed 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 demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the claim to court. 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 file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Arizona
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!