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What a Non-Accident Personal Injury Lawyer Near Me does:
Have you or a loved one become injured either in an accident or by way of the neglect of someone? Sure, sometimes problems can be dealt with by insurance or through a small claims case. Occasionally it can be a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you really need someone to take your side. Someone who will really gun for your case. A professional who will really fight on your side. That’s when you really should have a Wickenburg personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. However, staying calm and logical can make the difference between receiving the fair compensation or going home with your tail between your legs.
A great Wickenburg personal injury professional can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of what might occur until talking with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with any possible claim.
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What is a Wickenburg Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response. But what cases does a personal injury attorney take?
The PIL usually handles a wide number of cases that fall 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. 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 uncaring state or incompetence of a person.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposely injures 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 pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. 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 so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up in front of a judge.
But 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is totally 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, decides 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 put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Wickenburg
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!