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What a Wrongful Death Lawyer Near Me does:
But there are times you really could use someone to take your side. Someone who will really fight for your case. A person who will fight on your side. Those are the times you really should retain a Maricopa County personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is not fun. It’s a very trying time, and being objective is nearly impossible. But staying cool and logical can make the difference between receiving the fair payment that you deserve or quitting the case with a situation you will never recover from.
A great Maricopa County personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even understand the implications of what might occur until discussing the matter with a professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Maricopa County Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity for 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 start the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured party can hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL usually tackles a wide 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 can be at the hands of 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 someone.
The second main field of a PIL is the intentional injustice case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of law, PILs nearly 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 has overcome the case. It means that there is no upfront payment, for consultation or any other service. 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 these final steps of the process aren’t so simple. The injured party could 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 can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 Tasks?
First they will take care of finding 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 defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Maricopa County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!