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Has a loved one or you become injured either in an accident or through the willful negligence of someone? Sometimes issues can be resolved through personal insurance or through a small claims case. Occasionally it’s probably best to forget about it and get on with your life.
But sometimes you really could use someone to take your side. Someone that will really fight for your case. A person who can really fight for your side. Sometimes you really must have a Gilbert personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the injury happened.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is challenging. However, staying calm and logically oriented can be the difference between getting the appropriate payment that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
A Gilbert personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the implications of what’s happening until sitting down with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move ahead with any possible case.
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What is a Gilbert Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents related to your claim, and use all potential resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take?
A PIL usually tackles a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by 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 someone.
The other primary field of a PIL is the intentional injustice case. An intentional tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of law, PILs nearly always 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 is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen 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 in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And finally, 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 lawyer 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 requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Gilbert
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 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!