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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or by way of the neglect of others? Sometimes problems can be dealt with through personal insurance or through a small claims case. Every once in a while it’s best to forget about it and move on.
But there are times you really need someone to get your back. Someone that will gun for your case. A person who can really fight on your side. Those are the times you really need a Queen Creek personal injury lawyer 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 before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing things objectively is challenging. However, keeping calm and logically oriented can be the difference between getting the appropriate payment that you deserve or dropping the case with no settlement.
An experienced Queen Creek personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our challenging legal system. Most people may not even get the facts of what might occur until speaking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a 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 Queen Creek Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets 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 start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person will retain a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
The PIL usually tackles a large variety of cases falling into two main fields. 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 caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is nearly 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 is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 case could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. 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 allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for 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 award sooner rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation. The plaintiff 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 claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Queen Creek
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 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!