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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the negligence of someone? Sometimes things can be worked out by insurance or through a small claims court. Every once in a while it can be probably best to drop it and get on with your life.
But maybe you need someone to take your side. Someone that will really gun for your case. A person who can fight for your side. Sometimes you really need a Arizona personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is challenging. But remaining cool and collected can make the difference between getting the appropriate compensation or dropping the case with no money.
A successful Arizona personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. Most people may not even get the potential consequences of what’s happening until talking with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any possible claim.
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What is a Arizona Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 start the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL generally tackles a wide variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary study of a PIL is the intentional wrongful case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. 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 last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up in front of a judge.
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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is completely 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 settling the case will keep it on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Duties?
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 occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Personal Injury Lawyer Near Me in Arizona
Here at DeLozier Law, we have over 4 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!