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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the willful neglect of others? Sure, sometimes problems can be worked out by insurance or through a small claims case. Occasionally it’s best to walk it off and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you really could use someone to get your back. Someone that will fight for you. A professional who can really fight for your side. Then you really need a Clarkdale personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not a good time. It’s an emotional time, and being objective is hard. But remaining cool and logical can be the difference between receiving the fair price or going home feeling incompetent.
A Clarkdale personal injury professional can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even understand the full breadth of what might occur until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with any potential claim.
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What is a Clarkdale Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for 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 bring the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take?
A PIL usually handles a large 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, car 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 carelessness or incompetence of another.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, unlike most other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a 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 unacceptable that a personal injury claim could potentially end up in court.
But it is unusual 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 unnecessary legal fees. If the defendant 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Clarkdale
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!