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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the negligence of others? Many times incidents can be determined by personal insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to drop it and get on with your life.
But at times you could use someone to take your side. Someone that will really gun for your case. A person who can really fight for your side. Then you really should have a Mohave County personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is very hard. However, keeping cool and collected can make the difference between receiving the proper payment that you deserve or dropping the case with nothing.
A great Mohave County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. Most people may not even comprehend the implications of what could happen until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Mohave County Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person may hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
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 found, get any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 another.
The second primary field of a PIL is the intentional wrongful case. An intentional 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 similar situations. Realistically speaking the potential causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning 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 the last steps of the process aren’t so simple. The injured party could send back a 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 personal injury claim may very well 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 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 publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Wrongful Death Lawyer Near Me in Mohave County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!