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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? Many times incidents can be dealt with by personal insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But there are times you need someone to get your back. Someone who will fight for you. A person who will fight on your side. Then you really should retain a Fountain Hills personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is difficult. However, remaining cool and logically oriented can make the difference between getting the best price or quitting the case with a situation that you will not like.
A Fountain Hills personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until talking with a professional. A lawyer can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Fountain Hills Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover money 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL usually tackles a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who 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 only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. 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 just flat-out refused that a claim may very well end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party 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 provide 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. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And finally, 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
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 in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Fountain Hills
Here at DeLozier Law, we have many 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!