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Has a loved one or you been injured in an accident or by way of the willful negligence of others? Sure, sometimes things can be determined through personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you could use someone to have your back. Someone who will really fight for you. A professional who will really fight on your side. Sometimes you really should have a Mesa personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But remaining cool and logically oriented can be the difference between receiving the appropriate price that you deserve or going home feeling incompetent.
An experienced Mesa personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even fully realize the breadth of the situation until conversing with a professional. An attorney can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Mesa Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity on behalf of 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 bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL 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 can be found, gather any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take?
A PIL generally tackles a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 carelessness or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly 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 can 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 just flat-out refused that a personal injury claim may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally aware that they are at fault for the incident that led to the claim, they probably do 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 down low. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award 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 whatever it takes to win the case.
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 a little less in a guaranteed win. This, versus holding out for 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.
What are the Personal Injury Lawyer’s Tasks?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Red light Car Accident Attorney 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!