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What a Personal Injury Lawyer Near Me does:
But maybe you could use someone to get your back. Someone who will really gun for you. Someone who can really fight on your side. Then you really should retain a Cottonwood personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being harmed by a crime, accident, or negligence is not fun. It’s an emotional time, and seeing things objectively is difficult. But staying calm and collected can make the difference between getting the best price that you deserve or leaving the case with nothing.
A great Cottonwood personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even fully realize the breadth of the situation until talking with a legal professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move forward with the process of any potential claim.
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What is a Cottonwood Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
The PIL usually tackles a wide variety of cases that can be separated into two primary categories. 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 uncaring state or incompetence of someone else.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposely hurts another person. This includes 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 pretty much endless.
In addition, unlike nearly all other fields of the legal universe, personal injury professionals 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 any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 claim could potentially end up going to court.
However, 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 unnecessary legal costs. If the defendant is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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 getting 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 happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Personal Injury Lawyer Near Me in Cottonwood
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!