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Duties of a PTSD Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the neglect of someone? Many times things can be solved by personal insurance or through a small claims case. If it is not worth fighting for it’s probably best to walk it off and move forward.
But at times you need someone to get your back. Someone that will really gun for you. Someone who will fight for your side. That’s when you really should have a Maricopa County personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s a very trying time, and being objective is hard. However, staying cool and collected can make the difference between getting the proper compensation that you deserve or leaving the case broke.
A successful Maricopa County personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even get the full breadth of what’s happening until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any potential claim.
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What is a Maricopa County PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to the claim, and use all their 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 falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
A PIL usually takes 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, vehicle 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 main study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a case could potentially end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 lawyer has built 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 attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to court. This is determined by how much the defendant 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 file a case with the court. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Maricopa County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they 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!