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What a Public Transportation Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or by way of the willful neglect of others? Sometimes incidents can be settled through personal insurance or through a small claims case. If it is not worth fighting for it’s best to forget about it and move on.
But maybe you really could use someone to take your side. Someone that will really gun for you. A professional who can really fight on your side. Sometimes you really must have a Fountain Hills personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. But remaining cool and logical can make the difference between getting the fair payment that you deserve or going home broke.
An experienced Fountain Hills personal injury professional can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even comprehend the breadth of the situation until sitting down with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can help with your case, and help you move ahead with any possible case.
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What is a Fountain Hills Public Transportation Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. 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 intentional tort case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes 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 these final steps of the process aren’t necessarily easy. The injured party can 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 can end up going to court.
But it is rare 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 unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 of benefit to either party. The plaintiff may in many cases 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 court case or having a judge or jury give a much lesser amount.
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees, 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 Public Transportation Personal Injury Lawyer Near Me in Fountain Hills
Here at DeLozier Law, we have over 4 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!