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Duties of a Injury From Doctor Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the neglect of someone? Sometimes issues can be dealt with by personal insurance or through a small claims court. Occasionally it can be probably a good idea to drop it and move on.
But maybe you really could use someone to get your back. Someone who will really gun for you. A professional who will fight for your side. Then you really should have a Tempe personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is difficult. But remaining cool and collected can make the difference between getting the proper compensation or leaving the case with your tail between your legs.
An experienced Tempe personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the implications of what could happen until sitting down with a legal professional. That person can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with any potential case.
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What is a Tempe Injury From Doctor Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 another person, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party will hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take?
The PIL generally tackles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 another person.
The second main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person intentionally injures another person. This includes 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, and completely different from most other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon 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 send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case can end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several 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 totally 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 a legal battle.
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 for the best. 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Injury From Doctor Lawyer Near Me in Tempe
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 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!