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Has a loved one or you been injured either in an accident or by way of the neglect of others? Many times problems can be worked out by personal insurance or through a small claims court. Every once in a while it’s best to forget about it and get on with your life.
But there are times you need someone to get your back. Someone that will really gun for your case. A person who will fight for your side. That’s when you really must have a Chandler personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is challenging. However, staying calm and logically oriented can make the difference between receiving the proper compensation that you deserve or quitting the case with your tail between your legs.
An experienced Chandler personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what might occur until talking with a legal professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and if 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 Chandler Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 lawyer is retained by the person or entity being accused to defend 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 caused by any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information from 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 the claim, and use all possible resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
The PIL usually takes a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, which is different than most other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting 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 could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is 100% 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A lengthy 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 trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment 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 whatever it takes to beat the claim.
And lastly, 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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Chandler
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 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!