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Duties of a Body Injury Lawyer Near Me:
But there are times you need someone to have your back. Someone who will really gun for your case. A professional who will really fight on your side. That’s when you really should have a Gilbert personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is difficult. However, staying calm and logically oriented can be the difference between receiving the best price that you deserve or going home feeling like you didn’t get what you wanted.
A great Gilbert personal injury professional can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even get the facts of what could happen until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move ahead with the process of any possible claim.
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What is a Gilbert Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party can retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional 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 are available, gather any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation fails, the lawyer can file a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
The PIL generally handles 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 neglect, 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 carelessness or incompetence of someone.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, 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 is no upfront payment, for consultation or any other service. Their fee is based solely 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case 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 lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to go through the exhausting 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 maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 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 suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Body Injury Lawyer Near Me in Gilbert
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!