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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one become hurt in an accident or by way of the neglect of someone? Many times incidents can be determined through insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and get on with your life.
But sometimes you need someone to take your side. Someone that will gun for your case. Someone who can really fight on your side. Then you really should have a Apache County personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, remaining calm and logical can make the difference between getting the appropriate payment or leaving the case with no settlement.
A great Apache County personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what’s happening until conversing with a legal professional. That person can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with any possible case.
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What is a Apache County Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments 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 lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
The PIL generally handles a wide variety of cases falling into two primary categories. 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 person.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 necessarily easy. The injured party can 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 unacceptable that a claim may end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is fully 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. 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 allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case to court. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only 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 Personal Injury Lawyer Near Me in Apache County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!