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Things a Plane Personal Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or through the willful neglect of others? At times problems can be resolved through insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to drop it and get on with your life.
But perhaps you really need someone to get your back. Someone that will gun for your case. A professional who can fight on your side. Then you really should retain a Tempe personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing the situation objectively is hard. But staying calm and collected can make the difference between getting the appropriate payment that you deserve or dropping the case with no settlement.
An experienced Tempe personal injury lawyer can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. Many people may not even realize the potential consequences of the situation until sitting down with a professional. That person can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Tempe Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything from 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 your claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL usually takes a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 intentional injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is 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 otherwise. Their fee is based solely 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 send back a counteroffer if they feel they are not getting in their eyes a fair 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 may very well end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally 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 settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 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 attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Tempe
Here at DeLozier Law, we have many 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!