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Have you or a loved one been hurt in an accident or by way of the negligence of someone? Sometimes things can be solved through insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life.
But at times you need someone to take your side. Someone that will really fight for your cause. Someone who can really fight on your side. Then you really should have a Pinal County 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 prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But keeping calm and logically oriented can make the difference between getting the appropriate payment or going home feeling horrible.
A successful Pinal County personal injury lawyer can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the implications of what’s happening until conversing with a professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Pinal County Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers; they are also known as litigation 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 someone else, a civil lawyer is usually hired to initiate 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 will retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation fails, the lawyer could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
A PIL usually handles a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be 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 second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposely 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 list of reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon 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 necessarily easy. The injured party can 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 totally unacceptable that a case could potentially end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provoke 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 hasten the process. Lengthy trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The plaintiff would rather settle for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built 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 may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or only partially agrees, 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 Elder Abuse Lawyer Near Me in Pinal County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!