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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one been injured either in an accident or by way of the willful negligence of someone? Sometimes incidents can be settled by personal insurance or through a small claims case. Occasionally it’s best to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you could use someone to get your back. Someone who will really fight for you. Someone who can really fight on your side. Then you really should have a Mesa personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the incident happened.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is difficult. However, staying calm and logical can make the difference between getting the fair price that you deserve or dropping the case feeling incompetent.
An experienced Mesa personal injury attorney can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Most people may not even understand the implications of what could happen until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move ahead with any potential claim.
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What is a Mesa Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover money 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 another civil attorney is hired by the defendant. In the case of bodily injury, the injured party may retain a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what cases can a personal injury lawyer take?
A PIL usually handles a wide number of cases that can be separated into two main fields. 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 negligence or incompetence of someone else.
The other primary study of a PIL is the purposely executed tort case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 unacceptable that a claim may end up going to court.
However, 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 unnecessary legal costs. If the liable 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely 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 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to trial. 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 go to trial. If the other party agrees to some of the terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Mesa
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 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!