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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you become injured in an accident or through the willful negligence of others? Sometimes problems can be dealt with through insurance or through a small claims case. If it is very minor it’s a good idea to walk it off and get on with your life.
But there are times you really need someone to take your side. Someone who will fight for your case. A professional who can fight on your side. Sometimes you really should retain a Chandler personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is hard. However, staying cool and logical can make the difference between receiving the best payment that you deserve or going home with a situation that you will not like.
An experienced Chandler personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Many people may not even comprehend the potential consequences of the situation until discussing the matter with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with any potential claim or case.
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What is a Chandler Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity on behalf of 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 retained by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury attorney when said claim 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 attorney has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what cases does a personal injury lawyer take on?
A PIL generally takes a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be 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 someone.
The second primary field of a PIL is the intentional wrongful 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 possible reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. What this means is 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 just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything 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 of benefit to either party. The plaintiff may in many cases rather settle for a little 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 due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of getting 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 try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, 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, 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 Hurt in a Wreck Lawyer in Chandler
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 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!