Top Rated Personal Injury Lawyer Near Me in Queen Creek For 2024
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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the willful neglect of someone? Sometimes things can be resolved through personal insurance or through a small claims court. If it is very minor it can be probably 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 valuable time on.
But maybe you really could use someone to take your side. Someone who will fight for your cause. A person who can fight on your side. Those are the times you really should retain a Queen Creek personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But staying cool and logically oriented can make the difference between getting the appropriate payment that you deserve or going home with a situation that you will not like at all.
A great Queen Creek personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what’s happening until speaking with a professional. That person can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with any potential case.
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What is a Queen Creek Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
A PIL generally tackles a wide 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, automobile 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 someone.
The other main study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone purposefully 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 pretty much endless.
In addition, unlike most other areas of law, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won 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 Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can 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 personal injury claim may end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal 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!