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Have you or a loved one become injured in an accident or by way of the neglect of someone? There are times things can be dealt with by personal insurance or through a small claims case. If it is not worth fighting for it’s best to drop it and move on.
But sometimes you really need someone to take your side. Someone that will gun for your case. A professional who will fight on your side. Those are the times you really should retain a El Mirage personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is nearly impossible. But keeping cool and collected can be the difference between getting the appropriate price or leaving the case with no money.
An experienced El Mirage personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. Most people may not even realize the potential consequences of what could happen until conversing with a legal professional. A lawyer can help you realize 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 possible claim.
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What is a El Mirage Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party will hire a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all their potential 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 fails, the attorney can file a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL usually tackles a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a 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, separate from most other fields of the legal universe, PILs almost 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 beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a 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 totally unacceptable that a claim can end up in court.
However, it is unusual 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 unneeded legal costs. If the defendant is completely 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 DL. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And lastly, 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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. 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 everything proposed, 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 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 Wrongful Death Lawyer Near Me in El Mirage
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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 602-989-1759!