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Has a loved one or you been injured in an accident or by way of the negligence of others? At times things can be determined through insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But there are times you really need someone to have your back. Someone who will really gun for your case. Someone who will really fight on your side. Sometimes you really should retain a Safford personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and being objective is difficult. However, staying cool and collected can make the difference between getting the appropriate compensation that you deserve or leaving the case with no money.
A successful Safford personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even understand the breadth of the situation until talking with a professional. An attorney can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with any potential claim.
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What is a Safford Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything in 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 your claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
A PIL generally takes a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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.
The second main study of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs 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 should be no upfront payment, for consultation or otherwise. Their fee is based just upon 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 so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally aware that they are at fault for the incident that led to the claim, they would 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 out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 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 risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Motorcycle Injury Lawyer Near Me in Safford
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!