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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the neglect of someone? At times incidents can be dealt with by personal insurance or through a small claims court. Occasionally it can be probably best to forget about it and move forward because it may cause you more headache than it is worth spending your valuable time on.
But at times you need someone to get your back. Someone who will fight for your cause. Someone who will really fight for your side. Those are the times you really must have a Surprise personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But staying calm and logically oriented can make the difference between getting the proper price that you deserve or leaving the case with a situation that you will not like at all.
An experienced Surprise personal injury professional can act as a counselor between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what’s happening until discussing the matter with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any possible case.
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What is a Surprise Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant 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 costs, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, 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 case, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response. But what cases would a personal injury lawyer accept?
A PIL usually tackles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 second primary field of a PIL is the intentional tort case. A purposeful tort occurs when someone willfully 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 nearly endless.
In addition, and completely different from most other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case 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 public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of locating 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 detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Personal Injury Lawyer Near Me in Surprise
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!