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Have you or a loved one been hurt in an accident or through the negligence of someone? Sometimes problems can be settled through insurance or through a small claims case. If it is not worth fighting for it can be probably best to walk it off and move on because it may cause you more headache than it is worth .
But maybe you really need someone to take your side. Someone that will really fight for you. A professional who will fight on your side. That’s when you really need a Prescott personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is hard. However, staying calm and logical can make the difference between getting the appropriate price or leaving the case with no settlement.
An experienced Prescott personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the potential consequences of what might occur until conversing with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Prescott Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally retained 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 someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person will hire a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take on?
A PIL usually handles a wide number of cases that can be separated into two main groups. 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 negligence or incompetence of another person.
The second primary study of a PIL is the intentional tort case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential reasons for a personal injury case is essentially endless.
In addition, unlike most other fields of law, personal injury professionals almost always 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 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 totally unacceptable that a personal injury claim may end up in 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 unneeded legal fees. If the party that is liable is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death 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 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!