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What a Hurt in a Wreck Lawyer does:
Has a loved one or you become injured in an accident or by way of the neglect of others? Many times issues can be solved by insurance or through a small claims court. Every once in a while it’s a good idea to drop it and move on because it may cause you more headache than it is worth spending your time on.
But there are times you need someone to get your back. Someone that will gun for your cause. Someone who can really fight on your side. Those are the times you really need a Gilbert personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, staying calm and logically oriented can make the difference between getting the fair price or going home empty handed.
An experienced Gilbert personal injury lawyer can act as an advocate 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 realize the breadth of what could happen until discussing the matter with a professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Gilbert Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 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 person might hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
A PIL usually takes a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving 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 case may end up going to trial.
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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending 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 settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation sooner 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 just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Hurt in a Wreck Lawyer 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!