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Duties of a PTSD Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or through the willful negligence of others? At times problems can be resolved through insurance or through a small claims court. If it is extremely minor it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to take your side. Someone who will really gun for your case. Someone who can fight for your side. Sometimes you really should retain a Tempe personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is nearly impossible. However, staying cool and collected can make the difference between receiving the proper payment or quitting the case with a situation that you will not like at all.
An experienced Tempe personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. Most people may not even fully realize the breadth of what’s happening until discussing the matter with a legal professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Tempe PTSD Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL usually handles a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 a person.
The other main field of a PIL is the intentional wrongful case. An intentional tort happens when someone purposely hurts 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 possible causes for a personal injury case is basically endless.
In addition, separate from nearly all other areas of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may very well end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they might 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 low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
And lastly, 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for 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 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 formed 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 lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful PTSD 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 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!