Top Rated Body Injury Lawyer Near Me in Cave Creek
Get Legal Solutions for Your Body Injury Needs in Cave Creek.
Call 602-989-1759 Today!
Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been hurt either in an accident or through the neglect of someone? Sure, sometimes things can be worked out through personal insurance or through a small claims court. If it is extremely minor it’s a good idea to walk it off and move on because it may cause you more headache than it is worth spending your time on.
But maybe you really need someone to take your side. Someone who will really fight for your case. Someone who can really fight on your side. That’s when you really must have a Cave Creek 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 incident happened.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and being objective is difficult. However, keeping calm and logically oriented can make the difference between getting the best compensation that you deserve or leaving the case broke.
An experienced Cave Creek personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even get the potential consequences of what’s happening until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move forward with the process of any potential claim.
Ask Us Anything About Your Body Injury Legal Needs:
What is a Cave Creek Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party can hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical 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 able to get. They will confront all witnesses that can be contacted, research any and all documents in relation to the claim, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
The PIL usually takes a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 uncaring state or incompetence of another person.
The other primary field of a PIL is the intentional 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 similar situations. Really the potential reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an 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 receiving 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 will end up in 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many 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 compensation in the near term rather than later. Or they may just not want to finish the ridiculously long 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 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 incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to go to trial. 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 decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Cave Creek
Here at DeLozier Law, we have many 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!