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Has a loved one or you been hurt either in an accident or by way of the negligence of someone? Sure, sometimes problems can be solved through insurance or through a small claims court. If it is very minor it’s probably a good idea to walk it off and get on with your life.
But there are times you need someone to take your side. Someone who will really gun for your case. Someone who will fight for your side. Sometimes you really should have a Paradise Valley personal injury professional that will fight for your rights, both financial and personal, 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 a good time. It’s an emotional time, and being objective is nearly impossible. But remaining calm and logical can be the difference between getting the fair price that you deserve or leaving the case a permanently awful situation.
An experienced Paradise Valley personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even understand the full breadth of what could happen until speaking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with any possible case.
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What is a Paradise Valley Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party may retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response. But what cases could a personal injury lawyer fight for?
The PIL usually tackles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 uncaring state or incompetence of another.
The other primary study of a PIL is the intentional tort case. An intentional tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other fields of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up going to court.
But it is rare 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 defendant is fully aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation sooner rather than having to wait. 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the case to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Elder Abuse Lawyer Near Me in Paradise Valley
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!