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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been hurt in an accident or through the willful negligence of someone? At times incidents can be settled through personal insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to take your side. Someone that will gun for your case. A professional who will fight for your side. Sometimes you really must have a Chandler personal injury attorney that will fight for your rights, both in regards to finances and individually, 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 ever a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. But staying cool and logically oriented can be the difference between getting the appropriate payment that you deserve or leaving the case feeling incompetent.
A Chandler personal injury professional can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the implications of the situation until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and whether or not they can help with your case, and help you move forward with the process of any possible claim.
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What is a Chandler Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
The PIL generally takes a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the purposely executed injustice case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal universe, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
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 lawyer 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 demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Chandler
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!