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Duties of a PTSD Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or by way of the willful negligence of others? At times issues can be determined through personal insurance or through a small claims court. If it is not worth fighting for it’s a good idea to drop it and get on with your life.
But perhaps you could use someone to get your back. Someone that will really fight for your case. A person who can really fight for your side. Then you really should retain a Mesa personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, remaining cool and collected can be the difference between receiving the best price that you deserve or quitting the case feeling incompetent.
A successful Mesa personal injury attorney can act as a counselor between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even get the implications of what might occur until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move forward with any potential case.
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What is a Mesa PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets 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 begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation falls through, the legal professional can file a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL generally takes a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins 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 a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 do not get agreed upon or an offer is unacceptable that a claim can end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is 100% 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may simply not want to finish 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Mesa
Here at DeLozier Law, we have over 4 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!