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Has a loved one or you become hurt in an accident or through the neglect of someone? Many times things can be solved by insurance or through a small claims case. If it is extremely minor it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really need someone to get your back. Someone that will really fight for your cause. Someone who can really fight for your side. That’s when you really should have a Phoenix personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is difficult. But remaining cool and logical can be the difference between receiving the fair payment that you deserve or leaving the case broke.
A successful Phoenix personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even get the full breadth of what might occur until speaking with a professional. A lawyer can help you see all of this in a more objective light, determine if a possible 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 Phoenix Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
The PIL generally takes a large variety of cases that can be divided into two primary groups. 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 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 someone.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury attorneys nearly always 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 is no upfront payment, for consultation or any other service. 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 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 just flat-out refused that a personal injury claim could potentially 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 lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary 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 give 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 or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 opposing party. This letter includes a complete detail 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 turns out, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Phoenix
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!