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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the willful negligence of others? Sometimes problems can be worked out through insurance or through a small claims court. Occasionally it can be a good idea to walk it off and move on.
But sometimes you really need someone to get your back. Someone who will fight for your cause. Someone who can really fight for your side. That’s when you really need a Phoenix personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing the situation objectively is challenging. However, keeping cool and logically oriented can make the difference between getting the fair payment that you deserve or leaving the case with a situation you will never recover from.
A great Phoenix personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the breadth of what could happen until conversing with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Phoenix Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 begin the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
A PIL generally 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, car 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 else.
The other primary study of a PIL is the purposely executed tort case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes 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 Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim could potentially end up going to trial.
However, it is unusual 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 unneeded legal costs. If the defending party is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the ridiculously long 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 for the best. The accusing party would rather settle for 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful 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!