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Have you or a loved one become injured in an accident or by way of the negligence of someone? Sure, sometimes problems can be settled by personal insurance or through a small claims case. Every once in a while it can be probably best to forget about it and move on because it may cause you more headache than it is worth .
But sometimes you need someone to take your side. Someone who will fight for your cause. A person who can really fight for your side. Those are the times you really should have a Casa Grande personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is difficult. But staying cool and logical can make the difference between receiving the proper compensation or leaving the case empty handed.
A great Casa Grande personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even get the facts of the situation until talking with a professional. A lawyer 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 potential case.
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What is a Casa Grande Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases can a personal injury attorney take?
The PIL usually handles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary study of a PIL is the intentional tort case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal universe, PILs nearly always 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 a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up going to trial.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Casa Grande
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!