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Has a loved one or you become hurt in an accident or by way of the neglect of someone? Sometimes issues can be resolved by personal insurance or through a small claims court. Every once in a while it’s best to forget about it and get on with your life.
But perhaps you really could use someone to get your back. Someone who will fight for your cause. A person who will fight on your side. Then you really must have a Fountain Hills personal injury attorney 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 harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is challenging. However, keeping cool and collected can make the difference between receiving the best payment or dropping the case feeling like you should have gotten a more appropriate solution.
A Fountain Hills personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Most people may not even comprehend the facts of what’s happening until sitting down with a legal professional. That person 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 possible claim.
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What is a Fountain Hills Auto Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases would a personal injury attorney take?
A PIL usually tackles a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 person.
The second main study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there should be 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term 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 finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 the best situation for either. The accusing party may in many cases 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 due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built 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 demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not to 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. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or 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 Auto Accident Lawyers Near Me in Fountain Hills
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 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!