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What a Personal Injury Lawyer Near Me does:
But perhaps you really could use someone to take your side. Someone who will really gun for you. A person who will really fight for your side. That’s when you really should retain a Safford personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is difficult. But keeping calm and logically oriented can make the difference between getting the best compensation that you deserve or leaving the case with nothing.
An experienced Safford personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the potential consequences of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine the claim and if they can be of service, and help you move ahead with any potential claim.
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What is a Safford Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party could retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation fails, the attorney could fie a lawsuit in response. But what cases would a personal injury attorney take?
The PIL generally handles a large variety of cases falling into two main 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 uncaring state or incompetence of another person.
The other main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone intentionally 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, separate from nearly all other fields of law, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there should be 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 just flat-out refused that a case could potentially 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 lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. 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 decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible 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 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 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 attorney 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 demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. 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 of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff 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 Safford
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!