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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or through the willful neglect of others? There are times incidents can be determined by personal insurance or through a small claims case. If it is extremely minor it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But perhaps you need someone to get your back. Someone that will really fight for you. A professional who can fight on your side. That’s when you really should retain a Tempe personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But remaining cool and logical can be the difference between receiving the proper price or dropping the case feeling horrible.
A Tempe personal injury professional can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even realize the implications of what might occur until speaking with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Tempe Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL usually tackles a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the purposely executed injustice case. A purposeful 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. As you can tell the potential causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final 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 totally unacceptable that a case could potentially end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And finally, 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 plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding 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 detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation worked out, decides if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury 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 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!