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What a Plane Personal Injury Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or by way of the neglect of someone? Many times problems can be resolved by personal insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move on.
But at times you need someone to get your back. Someone who will gun for you. A person who will really fight on your side. Then you really need a Avondale personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and being objective is challenging. However, keeping cool and logically oriented can make the difference between receiving the appropriate compensation or going home feeling incompetent.
An experienced Avondale personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even fully realize the facts of what could happen until sitting down with a professional. A lawyer can help you see all of this objectively, determine the claim and whether or not they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Avondale Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person can retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what cases would a personal injury lawyer accept?
A PIL usually tackles a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be 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 another.
The other primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposefully hurts 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 possible reasons for a personal injury case is nearly endless.
In addition, which is different than most other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just 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 could counteroffer if they feel they are not receiving 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 personal injury 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 lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment sooner 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant 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 court case. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Avondale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!