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Have you or a loved one become injured in an accident or by way of the willful neglect of someone? At times issues can be solved by insurance or through a small claims case. If it is extremely minor it can be probably a good idea to forget about it and move forward.
But perhaps you need someone to take your side. Someone that will really fight for your cause. A person who can fight on your side. Then you really should retain a El Mirage personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and being objective is challenging. However, remaining cool and logical can be the difference between getting the fair payment or dropping the case worse off than before.
An experienced El Mirage personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the facts of the situation until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any potential case.
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What is a El Mirage Auto Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 begin the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
The PIL generally handles a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to most other areas of the legal universe, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 unacceptable that a claim will end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required 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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. 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 the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Auto Accident Lawyers Near Me in El Mirage
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 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!