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Duties of a Plane Personal Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the neglect of others? Sure, sometimes problems can be dealt with by insurance or through a small claims case. Every once in a while it’s a good idea to drop it and move on.
But maybe you need someone to have your back. Someone who will really gun for your case. Someone who will fight on your side. Sometimes you really should retain a Willcox personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing things objectively is difficult. But keeping calm and logically oriented can be the difference between getting the fair price or leaving the case with a situation that you will not like at all.
An experienced Willcox personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even get the implications of the situation until sitting down with a professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with any potential case.
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What is a Willcox Plane Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what cases could a personal injury lawyer take?
The PIL usually takes a large variety of cases that fall into two main 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 carelessness or incompetence of another person.
The second primary field of a PIL is the intentional 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. Considering everything mentioned here, the potential causes 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. What this means is that they are not paid unless the person who 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 financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation sooner 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 go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest 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 Tasks?
First they will take care of gathering 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees to terms, 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 file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Willcox
Here at DeLozier Law, we have over 4 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!