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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or by way of the neglect of others? Many times issues can be settled through personal insurance or through a small claims case. If it is extremely minor it’s probably best to drop it and get on with your life.
But there are times you could use someone to take your side. Someone that will fight for you. A professional who can really fight for your side. That’s when you really need a Flagstaff personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But staying cool and collected can make the difference between receiving the best compensation or going home with nothing.
A Flagstaff personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what’s happening until talking with a professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any potential claim.
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What is a Flagstaff Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets 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 begin the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take on?
The PIL usually takes a large variety of cases that fall into two primary groups. 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 a person.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, separate from pretty much all other fields of the legal world, personal injury attorneys usually 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 should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 end up going to court.
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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely 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 on the down low. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to 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 months or longer. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary 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 in the best interest of either party. The plaintiff 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Personal Injury Lawyer Near Me in Flagstaff
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!