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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or by way of the willful neglect of others? At times issues can be determined by insurance or through a small claims case. Occasionally it can be best to forget about it and move forward.
But there are times you could use someone to have your back. Someone who will fight for your case. A professional who will really fight on your side. Sometimes you really need a Cave Creek personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing things objectively is challenging. However, staying cool and logical can make the difference between receiving the best payment that you deserve or leaving the case empty handed.
A great Cave Creek personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even comprehend the breadth of what could happen until sitting down with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move forward with any potential case.
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What is a Cave Creek Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what cases can a personal injury attorney take?
The PIL generally takes a large 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, vehicle 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 other main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, which is different than 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 wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates 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 might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than down the road. 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 win the case.
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 the best situation for either. The accusing party may in many cases 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.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown 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 whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Cave Creek
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 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!