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What a Hurt in a Wreck Lawyer does:
Has a loved one or you been hurt in an accident or by way of the willful neglect of someone? At times incidents can be resolved by insurance or through a small claims case. If it is not worth fighting for it can be a good idea to forget about it and move forward.
But at times you could use someone to get your back. Someone who will really fight for your cause. A person who will really fight for your side. Sometimes you really should have a Maricopa County personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life prior to when the injury happened.
Being hurt in a crime, accident, or negligence is not a good time. It’s an emotional time, and being objective is very hard. However, remaining calm and logically oriented can be the difference between getting the best compensation or quitting the case with a situation that you will not like.
An experienced Maricopa County personal injury professional can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of the legal system. Many people may not even understand the full breadth of the situation until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with the process of any potential case.
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What is a Maricopa County Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally 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 lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to the case, and use all potential 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 may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
The PIL usually tackles a large number 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 uncaring state or incompetence of another person.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, unlike most other fields of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be 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 the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may very well end up going to court.
However, 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, 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 works out, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Maricopa County
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!