Not every personal injury case presented to a personal injury attorney can be accepted. There aren’t enough hours to handle every case, as much as they’d like to help everyone who asks for assistance, even though the courts in Phoenix are working hard to ensure that everyone is assisted. In Phoenix, a personal injury case can be filed on various basis, but it must be ensured that it covers all the bases to be accepted to be further processed. It’s possible that your case doesn’t fall under the personal injury category but rather into one of the other specialty areas of a legal firm. Personal injury lawyers in Phoenix will always have the best interest of their client in their mind, so the possibility of saying no to a case is very slim. Lawyers strive for justice, so if they say no to a case, they will have a valid reason behind it.
Type of Personal Injury Case
The bulk of personal injury claims includes the defendant’s negligence causing the plaintiff to suffer harm. However, people don’t realize that there are other types of personal injury cases that personal injury lawyers can handle. For example, the area of tort law known as strict liability has expanded recently. Strict responsibility is based on proving that a product was produced or constructed in such a way that it was harmful when used as intended rather than proving that the manufacturer or designer was negligent. Intentional wrongs are the other kind of personal injury claims.
When assessing a possible personal injury lawsuit case, the lawyers must ask what the accused did wrong to harm you. The solution may be simple in some circumstances. Other times, proving the defendant committed wrongdoing could be a little trickier. The attorney must also consider the plaintiff’s potential moves in the case. When analyzing a possible plaintiff’s case, a personal injury attorney frequently decides against taking it if it turns out that the potential plaintiff was to blame for the incident that resulted in the injuries. There is no way a personal injury attorney will file a lawsuit against someone else for the losses you caused in these circumstances.
Size of the Damages
At your meeting, a personal injury attorney will need to know every detail of your claim. You might want to include any police reports and medical records obtained after the accident. In addition, you must ensure you are taking the right steps after an accident to strengthen your case. After receiving this information, a lawyer will thoroughly examine your case. The more evidence you have in support of your claims, the better.
Statute of Limitations
Personal injury attorneys must also determine if you have filed your action inside the state’s applicable statute of limitations. The time frame you must file a lawsuit after an accident is known as the statute of limitations. While every state has different laws in this regard, most have statutes of limitations that last two to three years after the incident.
One of the myths surrounding personal injury attorneys is that they are pricey and avaricious. Remember that, unlike defense attorneys, personal injury attorneys are not compensated hourly. Your attorney won’t be paid if your case is unsuccessful. A personal injury attorney and their client would not profit from the case losing from a business standpoint. The lawyer will assess the case and its likely outcomes in part because of this.
Ability of Pay
A personal injury attorney must consider both the plaintiff’s case and the defendant’s financial ability to pay any settlement or court award. For example, suppose the at-fault party in a car accident is uninsured. In that case, a lawsuit may not be successful in recovering much in terms of damages for property damage or bodily injury.