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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the willful neglect of someone? Sometimes things can be determined by personal insurance or through a small claims court. Occasionally it’s probably best to forget about it and get on with your life.
But at times you really could use someone to have your back. Someone who will gun for you. Someone who will fight on your side. Then you really should retain a Lake Havasu City personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But staying calm and collected can be the difference between getting the fair compensation that you deserve or dropping the case feeling like you should have gotten a better deal.
An experienced Lake Havasu City personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of what could happen until sitting down with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Lake Havasu City Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash 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 start the lawsuit and another civil lawyer is retained 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 attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney could fie a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
The PIL usually handles a large variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough 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 can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is totally 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 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 award a much lesser amount.
What are the Personal Injury Lawyer’s 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 opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Lake Havasu City
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!