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Have you or a loved one been injured in an accident or by way of the neglect of others? Sometimes things can be dealt with by insurance or through a small claims court. If it is not worth fighting for it can be a good idea to drop it and move forward.
But perhaps you need someone to take your side. Someone that will really fight for your cause. A professional who will really fight for your side. Sometimes you really should retain a Glendale AZ personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing things objectively is very hard. But staying calm and logical can be the difference between getting the fair payment or quitting the case with a situation you will never recover from.
A Glendale AZ personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the potential consequences of what could happen until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move ahead with any possible claim.
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What is a Glendale AZ Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person can hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take on?
The PIL generally takes a large 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. 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 negligence or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal universe, PILs almost 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 strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 case will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to 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 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 on the down low. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 attorney 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 occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Glendale AZ
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!