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What a Non-Accident Personal Injury Lawyer Near Me does:
But at times you really could use someone to have your back. Someone who will fight for your cause. Someone who can fight for your side. Those are the times you really should retain a Apache County personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is very hard. However, keeping calm and collected can be the difference between receiving the best compensation or dropping the case with no recourse.
A great Apache County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. Most people may not even fully realize the facts of what might occur until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Apache County Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL generally tackles a wide variety of cases falling into two main groups. 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 negligence or incompetence of another person.
The second primary study of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 claim could potentially end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. 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 beat the claim.
And lastly, 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 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 highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Apache County
Here at DeLozier Law, we have many 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!