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Has a loved one or you become hurt in an accident or by way of the negligence of others? Sure, sometimes incidents can be settled by insurance or through a small claims case. Every once in a while it’s best to walk it off and move forward because it may cause you more headache than it is worth spending your valuable time on.
But maybe you need someone to get your back. Someone that will really fight for your cause. A professional who will really fight for your side. Sometimes you really should retain a Phoenix 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 prior to when the injury happened.
Being the victim of a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But staying calm and collected can make the difference between getting the proper payment or dropping the case broke.
An experienced Phoenix personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even get the full breadth of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Phoenix Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the attorney could fie a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually takes a large 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. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 solely upon a percentage of the 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 could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally 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 lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of finding 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 detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Phoenix
Here at DeLozier Law, we have over 4 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!