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What a Wrongful Death Lawyer Near Me does:
Has a loved one or you been injured either in an accident or through the neglect of others? At times issues can be settled by personal insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But maybe you need someone to take your side. Someone that will really fight for your case. Someone who can fight on your side. That’s when you really need a Tempe personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, remaining calm and logically oriented can be the difference between getting the appropriate compensation that you deserve or quitting the case feeling like you should have gotten a better deal.
A Tempe personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even realize the potential consequences of the situation until talking with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with any possible claim.
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What is a Tempe Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for 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 to defend against it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
The PIL generally handles a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a claim may very well 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 fees. If the party that is liable is 100% 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment 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 just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 would rather settle for a little 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 give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Tempe
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!