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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been injured either in an accident or by way of the willful neglect of someone? Sometimes incidents can be worked out by insurance or through a small claims case. If it is extremely minor it’s best to drop it and get on with your life.
But perhaps you really could use someone to take your side. Someone that will fight for you. Someone who can fight on your side. That’s when you really should have a Apache Junction personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is very hard. However, keeping cool and logically oriented can make the difference between getting the proper compensation that you deserve or quitting the case with a situation that you will not like at all.
A successful Apache Junction personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Most people may not even understand the potential consequences of what could happen until conversing with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Apache Junction Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL generally tackles a large variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main field of a PIL is the purposely executed injustice case. An intentional tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of law, personal injury attorneys 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 beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they would 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 low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term 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 whatever it takes to beat the claim.
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 in the best interest of either party. The plaintiff would rather settle for a little 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Apache Junction
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 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!