Top Rated Wrongful Death Lawyer Near Me in Star Valley For 2024
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Has a loved one or you been injured either in an accident or through the willful negligence of others? Many times issues can be dealt with by insurance or through a small claims case. Every once in a while it can be a good idea to drop it and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you need someone to take your side. Someone that will fight for your cause. A professional who will really fight for your side. Then you really must have a Star Valley personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and being objective is nearly impossible. However, staying cool and logical can be the difference between getting the best payment that you deserve or quitting the case with a situation you will never recover from.
An experienced Star Valley personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what’s happening until conversing with a professional. An attorney can help you realize 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.
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What is a Star Valley Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney take?
The PIL generally handles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 carelessness or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is basically endless.
In addition, unlike most other areas of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the 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 enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim could potentially end up in front of a judge.
However, 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 unnecessary legal costs. If the party that is liable is totally 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants 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 just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award 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 attorney 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 occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Star Valley
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 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!