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What a Plane Personal Injury Lawyer Near Me does:
But perhaps you need someone to get your back. Someone that will fight for your case. A person who can fight on your side. Sometimes you really should retain a Cave Creek personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not a good time. It’s an emotional time, and seeing the situation objectively is difficult. But staying calm and collected can be the difference between receiving the appropriate payment that you deserve or leaving the case broke.
An experienced Cave Creek 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 legal system. If you are like most people, you may not even get the facts of what could happen until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a claim exists and whether or not they can help with your case, and help you move forward with the process of any possible case.
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What is a Cave Creek Plane Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional may 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 generally tackles a large number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of 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 someone else.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the 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 counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up in front of a judge.
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 other party is completely 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 low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain up in the air 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 never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 accusing party may in many cases 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 due to unknown circumstances pretrial.
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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case to trial. 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 no reason to go to trial. If the other party agrees to some of the terms but not others 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 go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Cave Creek
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!