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Things a Body Injury Lawyer Near Me does:
Has a loved one or you become hurt in an accident or by way of the willful neglect of others? There are times issues can be dealt with through insurance or through a small claims court. If it is very minor it’s a good idea to walk it off and move on because it may cause you more headache than it is worth .
But maybe you need someone to get your back. Someone who will really gun for your case. A person who can fight on your side. Then you really should have a Mesa personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing things objectively is very hard. But staying calm and collected can make the difference between receiving the best payment that you deserve or going home feeling like you should have gotten a more appropriate solution.
An experienced Mesa personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the potential consequences of what might occur until discussing the matter with a legal professional. An attorney can help you realize all of this objectively, 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.
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What is a Mesa Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL usually tackles a wide variety of cases that can be separated 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 is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary study of a PIL is the purposely executed tort case. An intentional tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields 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 beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in a Personal 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is 100% 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 on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 of the terms but not others or partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Mesa
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!