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Have you or a loved one been hurt in an accident or by way of the willful negligence of others? Sometimes things can be settled by insurance or through a small claims case. If it is extremely minor it’s probably a good idea to walk it off and get on with your life.
But maybe you really could use someone to take your side. Someone that will really fight for you. A person who will fight on your side. That’s when you really should retain a Flagstaff personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is nearly impossible. However, keeping cool and logically oriented can be the difference between getting the proper compensation that you deserve or quitting the case feeling incompetent.
A Flagstaff personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even fully realize the breadth of the situation until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any possible claim.
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What is a Flagstaff Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
A PIL generally handles a large number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury professionals 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 has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 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 personal injury claim may very well 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is 100% 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 settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 a little less in a guaranteed win. This, versus holding out for highest 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 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. 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, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Body Injury Lawyer Near Me in Flagstaff
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!