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Duties of a Plane Personal Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the willful neglect of others? Many times issues can be determined by personal insurance or through a small claims case. Occasionally it’s best to walk it off and move on.
But perhaps you really need someone to have your back. Someone that will gun for your cause. A person who will really fight for your side. Then you really should have a Flagstaff personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is nearly impossible. However, staying calm and collected can be the difference between receiving the best payment or leaving the case with no recourse.
An experienced Flagstaff personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of what might occur until discussing the matter with a professional. An attorney can help you realize all of this objectively, determine if a claim exists and whether they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Flagstaff Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of 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 start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person could hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response. But what cases does a personal injury lawyer take on?
A PIL usually tackles a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of someone else.
The second main study of a PIL is the intentional wrongful case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, separate from most other areas of the legal universe, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 totally unacceptable that a personal injury claim may very well end up going to court.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything 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 the best situation for either. The accusing party may in many cases rather settle for a little 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 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Flagstaff
Here at DeLozier Law, we have many 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!