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Have you or a loved one become injured in an accident or by way of the neglect of others? Many times incidents can be settled through personal insurance or through a small claims court. If it is extremely minor it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you could use someone to have your back. Someone that will fight for your cause. A person who can really fight on your side. Sometimes you really should have a Coconino County personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is nearly impossible. However, remaining calm and logical can make the difference between getting the proper compensation that you deserve or going home with a situation you will never recover from.
An experienced Coconino County 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 the legal system. Most people may not even get the implications of what might occur until talking with a legal professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Coconino County Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity for 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person will hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
A PIL generally tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 second main study of a PIL is the intentional injustice case. A purposeful tort occurs when someone willfully injures another person. This includes 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 essentially endless.
In addition, and in contrast to pretty much all other fields of the legal world, 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 has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final 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 just flat-out refused that a personal injury 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable 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 give 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 big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply 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 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 the best situation. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 gathering 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 detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation works out, chooses whether or not to push 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. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Coconino County
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!