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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or by way of the neglect of someone? There are times problems can be worked out through insurance or through a small claims case. Occasionally it can be a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you need someone to have your back. Someone that will fight for your cause. Someone who can really fight for your side. Those are the times you really must have a Apache County personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is difficult. But remaining calm and logical can make the difference between getting the proper compensation that you deserve or quitting the case with a situation you will never recover from.
A great Apache County personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the full breadth of what might occur until discussing the matter with a professional. A legal adviser can help you realize 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 possible case.
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What is a Apache County Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL usually tackles a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 second main study of a PIL is the intentional injustice case. A purposeful tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, separate from most other fields of law, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable 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 low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment sooner rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 accusing party may in many cases rather settle for a little 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 award 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 defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Apache County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!