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Has a loved one or you been hurt in an accident or by way of the neglect of someone? At times issues can be settled by insurance or through a small claims court. If it is extremely minor it’s a good idea to drop it and move on.
But at times you need someone to have your back. Someone that will gun for your cause. A professional who will really fight on your side. Then you really must have 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 injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and being objective is challenging. But keeping cool and collected can be the difference between receiving the proper payment that you deserve or going home with no settlement.
A great Maricopa County personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of the legal system. Most people may not even realize the implications of what could happen until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Maricopa County Injury From Doctor Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually hired 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, research 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 attempt to negotiate a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take on?
A PIL usually tackles a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of the legal world, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just 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 necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up going to trial.
However, 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 costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they may 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 publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment sooner rather than down the road. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 PIL Tasks?
First they will take care of gathering 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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides 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 to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, 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 go to court.
Choose the Successful Injury From Doctor Lawyer Near Me in Maricopa County
Here at DeLozier Law, we have over 4 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!