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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the negligence of others? There are times issues can be determined by personal insurance or through a small claims court. Occasionally it can be best to drop it and get on with your life.
But perhaps you need someone to get your back. Someone that will fight for your cause. A person who can really fight on your side. That’s when you really should have a Cave Creek personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and seeing things objectively is challenging. However, staying calm and logical can make the difference between getting the fair compensation that you deserve or going home with no money.
A Cave Creek personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even get the potential consequences of what’s happening until sitting down with a legal professional. An attorney can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move forward with any possible case.
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What is a Cave Creek Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 attorney is usually hired to start the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
The PIL generally handles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be 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 Could the Result Be 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 receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up going to trial.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may just not want to go through the exhausting 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest 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 locating 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death 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 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!