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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the willful negligence of someone? Sure, sometimes issues can be resolved through personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and move on.
But perhaps you need someone to get your back. Someone that will gun for your cause. Someone who will fight on your side. Those are the times you really need a Apache County personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, remaining cool and logical can be the difference between getting the best compensation that you deserve or leaving the case broke.
An experienced Apache County personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even get the full breadth of what could happen until speaking with a professional. An attorney can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with any potential claim.
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What is a Apache County Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity on behalf of 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 begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally tackles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is 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 Could the Result Be 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 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 going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. 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 settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone 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 months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required 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 of benefit to either party. 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 risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 required.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees 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 to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Apache 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 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!