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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or by way of the neglect of someone? At times issues can be worked out by insurance or through a small claims case. Every once in a while it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you need someone to get your back. Someone who will really fight for you. A person who will really fight for your side. Those are the times you really need a Phoenix personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. However, staying calm and collected can be the difference between getting the appropriate compensation or dropping the case with no money.
An experienced Phoenix personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even realize the facts of what could happen until discussing the matter with a professional. That person can help you realize all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move ahead with any possible claim.
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What is a Phoenix Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments 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 attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally takes a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 carelessness or incompetence of another.
The other main field of a PIL is the intentional tort case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other areas of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will 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 unnecessary legal costs. If the defending 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement 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. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 in the best interest of either party. The plaintiff may in many cases 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 award a much lesser amount due to unknown circumstances pretrial.
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. 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 whether a settlement is reached, decides whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Phoenix
Here at DeLozier Law, we have over 4 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!