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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you been hurt in an accident or by way of the willful neglect of others? Many times incidents can be solved by insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you really could use someone to have your back. Someone who will really fight for your cause. A person who will really fight on your side. Then you really need a Cave Creek personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But staying calm and logical can be the difference between getting the fair price or leaving the case broke.
A successful Cave Creek personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the facts of what’s happening until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a potential claim exists 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 Cave Creek Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally retained to recover money or other financial means 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person can hire a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury attorney take?
The PIL generally tackles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated 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. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal world, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment 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 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 would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 lawyer has built 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 a settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim 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 everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Cave Creek
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!