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Duties of a Injury From Doctor Lawyer Near Me:
Have you or a loved one been injured in an accident or by way of the willful neglect of someone? At times things can be resolved by insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to drop it and move on because it may cause you more headache than it is worth .
But perhaps you could use someone to take your side. Someone who will really gun for your case. A person who can really fight on your side. That’s when you really must have a Prescott personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing things objectively is nearly impossible. But staying cool and logically oriented can be the difference between receiving the best compensation that you deserve or quitting the case with no recourse.
An experienced Prescott personal injury legal representative can act as an advocate between you and the challenging 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 comprehend the implications of what’s happening until speaking with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with any possible claim.
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What is a Prescott Injury From Doctor Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL generally handles a large variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of law, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving 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 may very well end up going to trial.
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 liable party is 100% 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case 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 locating 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 happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor Lawyer Near Me in Prescott
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 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!