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Have you or a loved one been hurt either in an accident or through the willful neglect of others? Sure, sometimes things can be determined by insurance or through a small claims case. If it is very minor it can be best to walk it off and move on.
But there are times you really need someone to take your side. Someone that will fight for you. Someone who can fight for your side. Then you really should have a Arizona personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is nearly impossible. However, keeping cool and collected can make the difference between getting the fair price or leaving the case a permanently awful situation.
A successful Arizona personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even fully realize the potential consequences of what could happen until talking with a legal professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with any potential case.
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What is a Arizona Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments 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 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 may retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the case, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
A PIL usually handles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 negligence or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a claim could potentially end up going to trial.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation sooner 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 whatever it takes to beat the claim.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 locating 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 opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse 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 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!