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Has a loved one or you been injured in an accident or through the negligence of someone? Sometimes things can be settled through insurance or through a small claims court. Occasionally it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you need someone to take your side. Someone that will gun for your cause. Someone who will really fight for your side. That’s when you really must have a Pinal County personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the incident happened.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying cool and collected can make the difference between receiving the best payment that you deserve or leaving the case feeling like you didn’t get what you wanted.
An experienced Pinal County personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Many people may not even get the potential consequences of what’s happening until conversing with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move forward with the process of any potential claim.
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What is a Pinal County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity for 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 begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person might hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL generally handles a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second main field of a PIL is the intentional 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 such situations. Really the list of causes for a personal injury case is nearly endless.
In addition, separate from pretty much all other fields of law, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the DL. 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 is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 the best situation for either. The accusing party would 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 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 detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Pinal County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!