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But sometimes you need someone to have your back. Someone who will really fight for your cause. A person who can fight on your side. Sometimes you really need a Chandler personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is hard. But staying calm and logically oriented can make the difference between receiving the fair price or dropping the case feeling like you should have gotten a more appropriate solution.
A great Chandler personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the facts of what’s happening until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move ahead with any potential claim.
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What is a Chandler Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation fails, the lawyer can file a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally handles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim will end up going to court.
However, it is unusual 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 unnecessary legal fees. If the party that is liable 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 on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants 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 just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me 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 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 602-464-9666!