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Has a loved one or you become hurt either in an accident or through the willful neglect of someone? Sometimes incidents can be solved by insurance or through a small claims court. If it is very minor it’s best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to take your side. Someone who will really gun for your cause. A person who will really fight on your side. That’s when 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 incident happened.
Being the victim of a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But keeping calm and logical can make the difference between getting the best payment that you deserve or quitting the case empty handed.
A great Safford personal injury professional can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even realize the full breadth of what’s happening until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Safford Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person 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 attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation fails, the attorney may file a lawsuit in response. But what cases can a personal injury attorney fight for?
A PIL usually handles a large number of cases that fall into two primary groups. 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 someone else.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the 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 counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is fully 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 give 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 or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. In addition, if there are any 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 having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 formed 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation works out, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Red light Car Accident Attorney near Me in Safford
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 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!