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What a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or through the neglect of others? At times issues can be resolved by insurance or through a small claims court. Occasionally it can be a good idea to walk it off and get on with your life.
But sometimes you really need someone to have your back. Someone who will fight for you. A person who can fight on your side. Sometimes you really should retain a Arizona personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But remaining cool and logically oriented can be the difference between getting the appropriate price or going home feeling like you should have gotten a better deal.
A great Arizona personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the implications of what might occur until conversing with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move forward with the process of any possible claim.
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What is a Arizona Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything in 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 case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the lawyer can file a lawsuit in response. But what cases would a personal injury attorney take?
The PIL generally handles a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 a person.
The second main field of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, separate from most other fields of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won 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 Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may very well end up in front of a judge.
But 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury 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 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!