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Have you or a loved one been injured either in an accident or through the willful negligence of others? There are times problems can be solved by personal insurance or through a small claims court. Every once in a while it can be probably best to walk it off and get on with your life.
But perhaps you really could use someone to have your back. Someone that will fight for your cause. A professional who can fight on your side. Those are the times you really should have a Avondale personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining cool and collected can make the difference between getting the proper compensation or going home worse off than before.
An experienced Avondale personal injury legal representative 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. If you are like most people, you may not even comprehend the full breadth of the situation until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move ahead with the process of any potential case.
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What is a Avondale Train Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 attorney is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response. But what cases does a personal injury lawyer take?
A PIL generally takes a wide number of cases that fall 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 is usually 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 someone else.
The second main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is basically endless.
In addition, separate from nearly all other areas of law, personal injury lawyers almost 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 any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 personal injury claim may very well end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows everyone 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 months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner 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 beat the claim.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
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 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 suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Train Personal Injury Lawyer Near Me in Avondale
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 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!