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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the willful neglect of others? Sometimes problems can be determined by insurance or through a small claims case. If it is very minor it can be probably best to walk it off and move on.
But at times you really need someone to have your back. Someone that will really gun for your case. A professional who will really fight for your side. That’s when you really need a Payson personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and collected can be the difference between receiving the fair compensation or leaving the case with no money.
An experienced Payson personal injury professional can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what might occur until sitting down with a professional. That person can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move ahead with the process of any possible claim.
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What is a Payson Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, 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 found, research any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation falls through, the lawyer may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL generally takes a wide number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be 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 other primary field of a PIL is the intentional injustice case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a 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 pretty much endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable 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 a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is fully 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to push 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. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or 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 Non-Accident Personal Injury Lawyer Near Me in Payson
Here at DeLozier Law, we have over 4 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!