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Things a Body Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the neglect of others? Sometimes things can be resolved through insurance or through a small claims court. Occasionally it can be best to drop it and move on.
But at times you could use someone to get your back. Someone who will gun for you. Someone who can really fight for your side. Then you really should have a Gila County personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is hard. However, remaining calm and logically oriented can make the difference between receiving the proper payment or going home with no settlement.
A great Gila County personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even realize the facts of what could happen until discussing the matter with a professional. That person can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Gila County Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation fails, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
A PIL generally takes a large variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the intentional wrongful case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the 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 in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim may end up in 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 party that is liable is fully aware that they are at fault for the incident that led to the claim, they may 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 publicly known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible 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 complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 of benefit to either party. 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of locating 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 detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Gila County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!