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Have you or a loved one become injured either in an accident or through the willful negligence of others? At times problems can be settled by personal insurance or through a small claims court. Occasionally it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you could use someone to take your side. Someone who will gun for your case. A professional who will really fight on your side. That’s when you really should retain a Paradise Valley personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is hard. However, remaining cool and collected can be the difference between getting the proper price that you deserve or leaving the case feeling like you didn’t get what you wanted.
An experienced Paradise Valley personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the implications of what’s happening until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move ahead with any potential case.
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What is a Paradise Valley Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 initiate the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
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 speak with all witnesses that can be contacted, get any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL usually tackles a large variety of cases that can be separated into two primary 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 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 a person.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of law, 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 overcome 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 Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long 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 of benefit to either party. The accusing party 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 PIL Tasks?
First they will take care of getting 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 opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Paradise Valley
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!