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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or by way of the neglect of others? Many times things can be resolved through insurance or through a small claims court. If it is extremely minor it’s probably a good idea to walk it off and get on with your life.
But maybe you need someone to get your back. Someone who will really fight for you. A person who can fight for your side. Then you really must have a Prescott personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident occurred.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. But keeping calm and collected can be the difference between getting the proper price or going home empty handed.
A successful Prescott personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even get the potential consequences of what might occur until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine if a claim exists and how they can be of service, and help you move forward with any potential claim or case.
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What is a Prescott Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response. But what kinds of cases could a personal injury attorney take?
A PIL generally handles a large variety 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. Wrongful death is usually 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 another.
The second main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other areas of the legal world, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. 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 these final steps of the process aren’t necessarily easy. 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 unacceptable that a personal injury claim can end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is completely aware that they are at fault for the incident that led to the claim, they probably do 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 DL. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the case to court. 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 completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not all of them or only is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Prescott
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!