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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you become hurt in an accident or through the willful neglect of someone? Sure, sometimes problems can be worked out through personal insurance or through a small claims case. If it is extremely minor it can be probably a good idea to drop it and move on because it may cause you more headache than it is worth .
But maybe you need someone to get your back. Someone that will really fight for your case. Someone who will fight on your side. That’s when 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 as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is challenging. But remaining cool and logical can be the difference between receiving the fair price or dropping the case with your tail between your legs.
A Chandler personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the potential consequences of what’s happening until speaking with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any potential case.
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What is a Chandler Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases could a personal injury lawyer fight for?
A PIL generally takes a large number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 a person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury attorneys usually 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 overcome 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving 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 claim will end up going to court.
But it is rare 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 fees. If the party that is liable 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 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 provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended 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 probably wants financial compensation as soon as possible 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 everything else that is necessary to beat the claim.
And finally, 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 the best situation. The plaintiff 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 attorney has formed 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 suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Chandler
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!