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What a Hurt in a Wreck Lawyer does:
Have you or a loved one become hurt in an accident or through the negligence of someone? At times problems can be settled through insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and move on.
But maybe you could use someone to get your back. Someone that will fight for your cause. A professional who can really fight on your side. That’s when you really should have a Queen Creek personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. But staying calm and logically oriented can make the difference between receiving the best payment or dropping the case worse off than before.
A Queen Creek personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even understand the full breadth of what’s happening until sitting down with a legal professional. That person can help you see all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move forward with the process of any potential case.
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What is a Queen Creek Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person might hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your 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 fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
A PIL usually handles a wide variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main study of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait. Or they may simply not want to go through the ridiculously long 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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has formed 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Queen Creek
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!