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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 through the negligence of others? Sure, sometimes incidents can be resolved through insurance or through a small claims case. If it is not worth fighting for it can be probably best to forget about it and move on because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you could use someone to take your side. Someone that will fight for your cause. A professional who can really fight for your side. That’s when you really must have a Kingman personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is hard. However, staying calm and logically oriented can make the difference between getting the best payment or quitting the case feeling like you should have gotten a better deal.
An experienced Kingman personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. Many people may not even get the facts of what’s happening until speaking with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Kingman Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for 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 begin the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person might hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
The PIL generally handles a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is 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 any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen 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 receiving 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 claim may end up going to trial.
However, it is rare 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 defendant 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation sooner rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 legal professional 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 incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Kingman
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!