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What a Personal Injury Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or through the willful neglect of someone? There are times issues can be dealt with through personal insurance or through a small claims court. If it is very minor it can be best to walk it off and move on because it may cause you more headache than it is worth spending your time on.
But sometimes you really need someone to take your side. Someone that will really fight for you. Someone who can fight for your side. Sometimes you really should have a Eloy personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being harmed by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, keeping cool and collected can make the difference between getting the best payment or going home feeling like you didn’t get what you wanted.
A great Eloy personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of what’s happening until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Eloy Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues caused by the injury, and more.
After the legal professional has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your case, and use all possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
A PIL usually handles a large variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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 another.
The second primary field of a PIL is the intentional injustice case. An intentional tort occurs when someone 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 list of causes for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. 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 these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up in court.
However, it is unusual 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 unnecessary legal costs. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. 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 bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment sooner 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 simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 attorney 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 requested.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to bring the case to court. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Eloy
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 602-989-1759!