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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the negligence of others? Many times things can be dealt with through insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But perhaps you could use someone to get your back. Someone who will fight for your case. A person who can fight for your side. Sometimes you really should retain a Wickenburg 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 prior to when the incident happened.
Being injured by a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. But staying calm and collected can be the difference between receiving the fair payment or going home with a situation you will never recover from.
An experienced Wickenburg personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Most people may not even realize the potential consequences of what could happen until conversing with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Wickenburg Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other assets 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 attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases does a personal injury lawyer fight for?
The PIL generally takes 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, car 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 person.
The other primary study of a PIL is the intentional wrongful case. An intentional tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is nearly endless.
In addition, separate from nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. This means 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 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 can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may very well 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 in the best interest of either party. The accusing party 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 award a much lesser amount.
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 opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a court case. 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 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 Wickenburg
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 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!