Top Rated Non-Accident Personal Injury Lawyer Near Me in Cave Creek
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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or through the willful neglect of others? Sure, sometimes things can be dealt with by personal insurance or through a small claims court. Every once in a while it can be best to forget about it and get on with your life.
But sometimes you could use someone to have your back. Someone who will really gun for your case. Someone who will fight on your side. Then you really need a Cave Creek personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing the situation objectively is very hard. But staying cool and logical can make the difference between getting the proper price or going home with your tail between your legs.
An experienced Cave Creek personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Most people may not even understand the potential consequences of what could happen until sitting down with a professional. An attorney can help you realize all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move forward with any possible case.
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What is a Cave Creek Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the attorney will consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
A PIL usually tackles a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of the legal universe, 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 only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last 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 totally unacceptable that a personal injury claim can 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is fully aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award sooner rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 of benefit to either party. The accusing party 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 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses 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. If the other party agrees completely 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 only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Cave Creek
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 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!