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Have you or a loved one been hurt either in an accident or by way of the negligence of someone? There are times problems can be worked out through personal insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life.
But there are times you really could use someone to take your side. Someone who will really fight for your case. A person who can really fight for your side. That’s when you really need a Maricopa County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and logical can make the difference between receiving the fair compensation that you deserve or dropping the case feeling like you should have gotten a better deal.
An experienced Maricopa County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what could happen until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Maricopa County Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response. But what cases could a personal injury attorney take on?
A PIL usually handles a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 someone else.
The other main field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposefully 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 list of causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case could potentially 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 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 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 Tasks?
First they will take care of locating 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. 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 Maricopa County
Here at DeLozier Law, we have over 4 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!