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What a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been injured in an accident or through the willful negligence of others? Sometimes issues can be dealt with through insurance or through a small claims court. Every once in a while it’s probably best to walk it off and move on because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to have your back. Someone that will really gun for your cause. Someone who will really fight for your side. That’s when you really should have a Cottonwood personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is difficult. But remaining calm and logically oriented can be the difference between getting the fair price that you deserve or going home broke.
A great Cottonwood personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even get the potential consequences of what’s happening until discussing the matter with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Cottonwood Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other valuables 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 lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party can retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and more.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
A PIL usually handles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal world, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 may end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates 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 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 out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Cottonwood
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!