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Have you or a loved one become injured in an accident or through the negligence of someone? There are times incidents can be solved through insurance or through a small claims case. Occasionally it’s best to forget about it and move forward.
But there are times you really could use someone to take your side. Someone who will really gun for your cause. A person who can really fight for your side. That’s when you really need a Eloy personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is nearly impossible. But staying calm and logical can be the difference between receiving the appropriate payment or going home with your tail between your legs.
A Eloy personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even understand the full breadth of the situation until talking with a legal professional. A lawyer 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 any potential case.
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What is a Eloy Red light Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the attorney will consider filing a lawsuit in response. But what cases does a personal injury attorney take on?
A PIL generally tackles a large number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting 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 case can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 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 publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows 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 many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try 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 settlement terms put forth by the plaintiff.
Choose the Successful Red light Car Accident Attorney near Me in Eloy
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!