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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the willful negligence of others? At times things can be determined by personal insurance or through a small claims court. If it is very minor it can be best to drop it and get on with your life because it may cause you more headache than it is worth .
But sometimes you really could use someone to take your side. Someone who will really gun for you. A professional who can fight on your side. Then you really need a Pinal County personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing things objectively is difficult. However, staying calm and logically oriented can make the difference between getting the fair compensation that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
A successful Pinal County personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of what might occur until talking with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any potential claim.
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What is a Pinal County Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover money or other assets 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 attorney is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the legal professional has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the attorney will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
A PIL generally handles a large number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins 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 a Personal 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 do not get agreed upon or an offer is just flat-out refused that a case may very well end up going to court.
However, it is unusual 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 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim in front of a judge. 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 Pinal 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!