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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or through the willful negligence of someone? Sure, sometimes problems can be determined by insurance or through a small claims court. Every once in a while it can be best to drop it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you could use someone to take your side. Someone who will gun for your case. A person who can fight on your side. Then you really must have a Maricopa personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is very hard. But staying calm and collected can make the difference between receiving the proper compensation or going home with a situation that you will not like.
A great Maricopa personal injury attorney can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even get the full breadth of what’s happening until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with any potential case.
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What is a Maricopa Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury professional when the claim involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the PIL 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 can be found, gather any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
The PIL generally tackles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other areas of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 only 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 can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may end up going to trial.
However, it is unusual 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 unnecessary legal costs. If the defending party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case 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 finding 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Body Injury Lawyer Near Me in Maricopa
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 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!