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Things a Hurt in a Wreck Lawyer does:
Have you or a loved one become hurt in an accident or by way of the negligence of others? At times issues can be settled through insurance or through a small claims court. Occasionally it’s probably best to forget about it and move on.
But sometimes you really could use someone to take your side. Someone that will really gun for your case. Someone who will really fight for your side. Then you really need a Flagstaff personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, staying cool and collected can be the difference between getting the proper compensation that you deserve or leaving the case with your tail between your legs.
An experienced Flagstaff personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. Most people may not even realize the breadth of what’s happening until talking with a professional. An attorney can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Flagstaff Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
The PIL usually takes a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely 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 enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several 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 would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 the best situation for either. The plaintiff may in many cases 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.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built 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 attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Flagstaff
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 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!