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Have you or a loved one been hurt in an accident or through the willful negligence of others? There are times problems can be dealt with by personal insurance or through a small claims court. Occasionally it can be probably best to walk it off and get on with your life.
But there are times you could use someone to have your back. Someone that will really gun for you. A professional who can really fight on your side. Then you really must have a Paradise Valley personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. However, keeping calm and logically oriented can make the difference between receiving the proper price or dropping the case a permanently awful situation.
A successful Paradise Valley personal injury attorney can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the breadth of what might occur until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with any possible case.
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What is a Paradise Valley Red light Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
The PIL usually takes a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary field of a PIL is the intentional injustice case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten 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 the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up in front of a judge.
However, 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 costs. If the liable party 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 award 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 big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, settlement allows the injured party 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 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 demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Red light Car Accident Attorney near Me in Paradise Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and helped them get the settlement they 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!