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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? There are times issues can be determined through personal insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you really could use someone to get your back. Someone that will really gun for your cause. A professional who can fight on your side. That’s when you really must have a Tolleson personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and being objective is challenging. But keeping cool and collected can be the difference between receiving the best payment or going home with a situation you will never recover from.
An experienced Tolleson personal injury attorney can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even get the potential consequences of the situation until speaking with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with any possible claim or case.
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What is a Tolleson Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information from 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 case, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
The PIL generally handles a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by 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 person.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of law, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case could potentially end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they would 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 on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to 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 or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want 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 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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Tolleson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!