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Things a Hurt in a Wreck Lawyer does:
Has a loved one or you been hurt in an accident or by way of the negligence of others? Sure, sometimes problems can be solved by personal insurance or through a small claims case. If it is very minor it can be a good idea to walk it off and get on with your life.
But there are times you really could use someone to have your back. Someone that will fight for your cause. A person who will really fight for your side. That’s when you really should retain a Tempe personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. But staying calm and logical can be the difference between receiving the best compensation that you deserve or dropping the case with no settlement.
An experienced Tempe personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the potential consequences of the situation until speaking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Tempe Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person will retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to your case, and use all their possible resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
The PIL generally takes a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be 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 another.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone willfully 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 list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in an 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case can end up going to court.
But 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they would 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 on the down low. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy 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 in the near term rather than later. Or they may simply not want to finish the exhausting 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
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 claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Hurt in a Wreck Lawyer in Tempe
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 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!