Top Rated Non-Accident Personal Injury Lawyer Near Me in Flagstaff For 2024
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What a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or through the willful neglect of others? Many times incidents can be settled through personal insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and move on because it may cause you more headache than it is worth .
But perhaps you really could use someone to take your side. Someone who will really gun for your cause. A professional who can fight on your side. Those are the times you really should have a Flagstaff personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But staying calm and collected can be the difference between receiving the best price or going home with no recourse.
A successful Flagstaff personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even get the potential consequences of the situation until sitting down 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 be of service, and help you move forward with the process of any possible case.
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What is a Flagstaff Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired 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 lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL usually takes a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 carelessness or incompetence of another.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats 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 so simple. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is totally 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 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 well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation 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 go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 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 happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or only 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 go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Flagstaff
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!