Top Rated Body Injury Lawyer Near Me in Peoria AZ For 2024
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What a Body Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or through the neglect of someone? There are times things can be settled through personal insurance or through a small claims case. If it is very minor it can be probably best to forget about it and move forward.
But maybe you need someone to take your side. Someone that will gun for your case. A professional who can really fight on your side. Then you really should retain a Peoria AZ personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is difficult. However, remaining cool and logically oriented can be the difference between receiving the fair price or dropping the case with no recourse.
A great Peoria AZ personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. Many people may not even fully realize the full breadth of the situation until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move forward with the process of any possible claim.
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What is a Peoria AZ Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person will retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
A PIL usually handles 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, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main study of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is nearly endless.
In addition, unlike most other fields of law, PILs generally work on a contingency fee basis. What this means is 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 an 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up going to court.
However, it is unusual 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 unnecessary legal fees. If the other party is totally 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 DL. 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 is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may just 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 finally, 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 would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely 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 getting 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Peoria AZ
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!