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Duties of a Wrongful Death Lawyer Near Me:
But perhaps you need someone to take your side. Someone who will fight for your case. A professional who can fight on your side. That’s when you really must have a Winslow personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is hard. But remaining calm and collected can make the difference between receiving the best payment that you deserve or going home with a situation you will never recover from.
A great Winslow personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what could happen until discussing the matter with a legal professional. That person can help you see all of this objectively, determine the claim and if they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Winslow Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party may hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
A PIL usually tackles a large number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary study of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is basically endless.
In addition, which is different than most other fields of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 claim will end up in court.
However, 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 defending party is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Winslow
Here at DeLozier Law, we have many 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!