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What a Injury From Doctor Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the negligence of others? There are times incidents can be determined through insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you need someone to take your side. Someone that will really gun for you. Someone who will fight for your side. Sometimes you really should have a Flagstaff personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is challenging. However, keeping cool and logical can be the difference between getting the best price or going home with a situation that you will not like at all.
A successful Flagstaff personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. Many people may not even realize the implications of what might occur until speaking 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 be of service, and help you move forward with the process of any possible claim or case.
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What is a Flagstaff Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained 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 another person, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL usually tackles a wide number of cases that can be divided 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. Wrongful death is usually 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 another person.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins 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 these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting 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 claim will end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A large trial brings public attention. 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 non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 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 risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of locating 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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor Lawyer Near Me in Flagstaff
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!