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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or by way of the willful negligence of someone? At times incidents can be settled through insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and get on with your life.
But maybe you could use someone to take your side. Someone that will really fight for your case. Someone who will fight for your side. Then you really should have a Cottonwood personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury happened.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But keeping calm and logical can be the difference between getting the appropriate payment or going home empty handed.
A great Cottonwood personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the facts of what’s happening until discussing the matter with a legal professional. An attorney can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any possible claim.
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What is a Cottonwood Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said 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 PIL has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
A PIL usually tackles a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields 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 or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim can end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is completely 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 what either party wants. The accusing party 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 claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case to court. This is determined by how much the other party agrees to the settlement terms. 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 of the terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Cottonwood
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!