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Have you or a loved one been injured in an accident or through the willful negligence of someone? Sometimes things can be resolved by insurance or through a small claims case. Every once in a while it can be probably best to forget about it and move forward.
But perhaps you really need someone to take your side. Someone who will fight for you. A person who can really fight for your side. Those are the times you really should retain a Safford personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is difficult. But remaining cool and logical can be the difference between receiving the best price or leaving the case with nothing.
An experienced Safford personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Most people may not even get the full breadth of what’s happening until talking with a professional. An attorney can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with any possible case.
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What is a Safford Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 another person, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury attorney take?
A PIL usually tackles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of law, PILs nearly always 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 strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may very well end up in front of a judge.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is 100% 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 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 big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting 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. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 the best situation. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Wrongful Death Lawyer Near Me in Safford
Here at DeLozier Law, we have over 4 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!