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Has a loved one or you been injured in an accident or by way of the negligence of others? Sure, sometimes incidents can be worked out through personal insurance or through a small claims court. If it is very minor it can be probably best to forget about it and move forward.
But sometimes you could use someone to take your side. Someone that will really fight for you. A professional who will really fight on your side. Then you really need a Arizona personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing things objectively is very hard. However, remaining calm and logical can be the difference between receiving the appropriate compensation or going home with no recourse.
A successful Arizona personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Many people may not even comprehend the implications of the situation until conversing with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any potential case.
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What is a Arizona Injury From Doctor Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil 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 a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person could hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
A PIL usually tackles a large number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last 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 do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they might 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 well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply 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 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 less in a guaranteed win. This, versus demanding the highest 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 PIL Tasks?
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, 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 Injury From Doctor Lawyer Near Me in Arizona
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!