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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you been hurt in an accident or through the neglect of someone? Sure, sometimes incidents can be worked out by insurance or through a small claims court. Occasionally it can be probably best to forget about it and move forward because it may cause you more headache than it is worth .
But at times you really need someone to get your back. Someone that will really gun for you. A person who can really fight for your side. Sometimes you really must have a Fountain Hills personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and being objective is very hard. But keeping calm and collected can make the difference between receiving the appropriate price that you deserve or going home with nothing.
A successful Fountain Hills personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the implications of what’s happening until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Fountain Hills Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity on behalf of 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 start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person might retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the lawyer 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 in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
The PIL generally tackles a large number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main field of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the 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 could counteroffer if they feel they are not receiving 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 may very well end up in front of a judge.
But 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. This is determined by how much the other party 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 all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer 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!