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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or by way of the willful neglect of someone? Many times things can be resolved through insurance or through a small claims court. If it is extremely minor it can be a good idea to forget about it and move on.
But maybe you could use someone to get your back. Someone that will really gun for your cause. A professional who can really fight for your side. Those are the times you really need a Wickenburg personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is hard. But remaining calm and logically oriented can make the difference between receiving the fair price or quitting the case with nothing.
An experienced Wickenburg personal injury legal representative can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even get the breadth of the situation until conversing with a legal professional. An attorney can help you realize all of this objectively, determine if a claim exists and how they can be of service, and help you move forward with any potential claim.
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What is a Wickenburg Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 other main study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be 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 a Personal Injury Case?
Of course, sometimes even these 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 wind up floating back and forth in limbo or an offer is unacceptable that a case may end up in front of a judge.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is fully 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 well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 the best situation. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 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 occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Personal Injury Lawyer Near Me in Wickenburg
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they 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!