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Duties of a Train Personal Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or through the willful negligence of someone? At times problems can be dealt with through insurance or through a small claims case. Occasionally it’s a good idea to forget about it and get on with your life.
But at times you could use someone to take your side. Someone that will fight for you. A professional who can 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 individually, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. However, remaining cool and logical can be the difference between getting the appropriate compensation or leaving the case feeling like you didn’t get what you wanted.
A Maricopa County personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until talking with a legal professional. That person can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Maricopa County Train Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally 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 lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues caused by the injury, and more.
After the lawyer 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, get any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take on?
A PIL generally tackles a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 uncaring state or incompetence of a person.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposefully 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 pretty much endless.
In addition, separate from pretty much all other areas of law, PILs 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 wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply 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 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case 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 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 defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim 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 no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees, 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 file a claim in court.
Choose the Successful Train Personal Injury Lawyer Near Me 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 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!