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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the willful negligence of others? Sure, sometimes issues can be worked out through insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and move forward.
But perhaps you need someone to get your back. Someone that will gun for your cause. Someone who will really fight for your side. Then you really need a Goodyear personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is difficult. But remaining calm and logical can be the difference between getting the fair price or going home feeling like you didn’t get what you wanted.
An experienced Goodyear personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even realize the facts of what’s happening until conversing with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Goodyear Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents in relation to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases can a personal injury attorney fight for?
The PIL generally handles a large variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 negligence or incompetence of a person.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas 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 wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon 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 could counteroffer if they feel they are not getting 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 court.
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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is fully 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just 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 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 of benefit to either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Personal Injury Lawyer Near Me in Goodyear
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!