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Has a loved one or you been hurt either in an accident or by way of the negligence of someone? Sometimes incidents can be determined by insurance or through a small claims court. Every once in a while it can be a good idea to forget about it and move on.
But there are times you really need someone to have your back. Someone that will really fight for your case. A professional who will fight for your side. Then you really should have a Surprise 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 hurt in a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and being objective is difficult. But keeping calm and collected can make the difference between receiving the fair price or leaving the case with no settlement.
A successful Surprise personal injury professional can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. Most people may not even realize the implications of what’s happening until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible claim.
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What is a Surprise Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover money or other financial means 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 start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party can retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, gather 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 attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take on?
A PIL usually takes a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposefully injures 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 possible causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is 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 a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 just flat-out refused that a claim could potentially end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to 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 probably do 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 high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 of benefit to either party. The accusing party may in many cases 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 court case or having a judge or jury give a much lesser amount.
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Red light Car Accident Attorney near Me in Surprise
Here at DeLozier Law, we have many 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!