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Duties of a Hurt in a Wreck Lawyer:
But sometimes you need someone to take your side. Someone that will really gun for you. A person who can fight on your side. That’s when you really need a Phoenix personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and seeing things objectively is difficult. But keeping calm and logically oriented can make the difference between getting the best compensation that you deserve or leaving the case with no recourse.
An experienced Phoenix personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of the situation until talking with a professional. An attorney can help you realize all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move ahead with any possible case.
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What is a Phoenix Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the legal professional has been retained, 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, gather any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases could a personal injury attorney take on?
The PIL usually takes a wide number of cases that can be divided into two main 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 can be caused by 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 second primary study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim will 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 variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. 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 confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest 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 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 attorney has built 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 incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Hurt in a Wreck Lawyer in Phoenix
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!