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What a Hurt in a Wreck Lawyer does:
Have you or a loved one been hurt in an accident or through the willful negligence of others? At times issues can be determined by personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and move on.
But perhaps you need someone to take your side. Someone that will fight for you. Someone who can fight for your side. Sometimes you really should retain a El Mirage personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, keeping calm and collected can be the difference between getting the appropriate price or quitting the case broke.
An experienced El Mirage personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even comprehend the potential consequences of what’s happening until conversing with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any possible case.
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What is a El Mirage Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity for 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 start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
The PIL generally handles a large variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 another person.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of law, personal injury professionals nearly always 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 won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially end up going to 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 costs. If the other party is fully 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 high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in El Mirage
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 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!