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Have you or a loved one become hurt in an accident or through the neglect of someone? There are times things can be worked out through personal insurance or through a small claims court. If it is very minor it’s probably best to drop it and move on.
But perhaps you really need someone to take your side. Someone that will gun for your case. Someone who will really fight on your side. Then you really should retain a Maricopa personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is challenging. But remaining calm and logically oriented can be the difference between getting the best price that you deserve or going home feeling like you didn’t get what you wanted.
An experienced Maricopa personal injury professional can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even get the breadth of what’s happening until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any possible case.
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What is a Maricopa Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for 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 another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what cases would a personal injury lawyer take?
A PIL generally handles a large variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 someone else.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 Personal Injury Lawyer’s Duties?
First they will take care of getting 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 detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Maricopa
Here at DeLozier Law, we have many 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!