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What a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or through the neglect of others? At times issues can be solved by insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and move forward.
But sometimes you really could use someone to take your side. Someone that will really fight for your cause. A person who will really fight on your side. Sometimes you really should retain a Pinal County personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s an emotional time, and being objective is difficult. But staying cool and logical can make the difference between receiving the best price that you deserve or going home with your tail between your legs.
An experienced Pinal County personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. Many people may not even get the implications of what’s happening until talking with a professional. That person can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with any potential case.
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What is a Pinal County Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what kinds of cases does a personal injury attorney take?
The PIL generally tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 totally unacceptable that a claim will end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is totally 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 on the DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award in the near term rather than down the road. Or they may simply not want to finish 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 lawyer 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 may try to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Pinal County
Here at DeLozier Law, we have over 4 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!