Top Rated Personal Injury Lawyer Near Me in Tempe
Get Legal Solutions for Your Personal Injury Needs in Tempe.
Call 602-989-1759 Today!
Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or through the willful negligence of someone? There are times things can be worked out by personal insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to walk it off and move on.
But perhaps you really need someone to get your back. Someone who will really gun for you. A professional who can fight for your side. Sometimes you really must have a Tempe personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is difficult. But staying cool and logically oriented can make the difference between receiving the proper price that you deserve or going home empty handed.
An experienced Tempe personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our challenging legal system. Most people may not even get the breadth of what might occur until talking with a professional. An attorney can help you realize all of this objectively, determine if a claim exists and if they can help with your case, and help you move forward with any possible claim.
Ask Us Anything About Your Personal Injury Legal Needs:
What is a Tempe Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take?
A PIL usually handles a large variety 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 is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main study of a PIL is the purposely executed tort 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. Considering everything mentioned here, the list of causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of law, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 claim can 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 plaintiff 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 claim completely 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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to 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. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement, 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 file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me 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!