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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been hurt either in an accident or through the willful neglect of someone? Many times problems can be settled by personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to forget about it and get on with your life.
But sometimes you really could use someone to get your back. Someone who will gun for you. A person who can fight on your side. Those are the times you really should have a Pinetop-Lakeside personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing things objectively is very hard. But keeping calm and logically oriented can be the difference between receiving the best price or quitting the case feeling incompetent.
A great Pinetop-Lakeside personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even realize the implications of what might occur until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Pinetop-Lakeside Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other assets 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 start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information from the case that they are legally able to get. 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 attempt to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney take?
A PIL generally takes a large variety of cases that can be divided into two main 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 uncaring state or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, 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 overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these 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 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. 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 fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment 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 anything else that is required to win a legal battle.
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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turned out, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Personal Injury Lawyer Near Me in Pinetop-Lakeside
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 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!