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What a Personal Injury Lawyer Near Me does:
Has a loved one or you become hurt either in an accident or through the willful neglect of someone? There are times issues can be worked out through insurance or through a small claims court. If it is extremely minor it can be probably a good idea to drop it and move on because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone that will gun for your case. A professional who will really fight on your side. Sometimes you really need a La Paz County personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But remaining cool and logically oriented can make the difference between getting the appropriate compensation or going home feeling like you should have gotten a better deal.
A La Paz County personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of the legal system. Many people may not even understand the full breadth of what might occur until sitting down with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move forward with any possible claim or case.
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What is a La Paz County Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation 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 someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, 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 that negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually takes a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of law, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly 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 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 totally unacceptable that a claim may 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely 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 out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, 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 later. Or they may just not want to complete the ridiculously long 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 PIL Duties?
First they will take care of finding 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 demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in La Paz County
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 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!