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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the willful neglect of someone? There are times problems can be worked out through insurance or through a small claims court. Every once in a while it’s a good idea to drop it and get on with your life.
But perhaps you really could use someone to get your back. Someone that will really gun for your case. A professional who can really fight for your side. Then you really should have a Surprise personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and logical can make the difference between getting the best price or going home with no money.
A great Surprise personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even realize the implications of the situation until sitting down with a professional. That person can help you realize all of this objectively, determine if a claim exists and if they can help with your case, and help you move forward with any possible case.
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What is a Surprise Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired 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 attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury professional when said dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the PIL 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 found, research any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response. But what cases can a personal injury lawyer take?
A PIL usually tackles a large number of cases that can be separated into two main 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 another person.
The second main study of a PIL is the purposefully perpetrated wrongful case. A purposeful 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. Considering everything mentioned here, the potential causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of law, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is 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 an Injury Case?
Of course, sometimes even the final 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 will end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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. 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 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Surprise
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 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!