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What a PTSD Injury Lawyer Near Me does:
Has a loved one or you become injured either in an accident or by way of the willful negligence of someone? Sometimes issues can be determined through insurance or through a small claims court. Every once in a while it can be a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But there are times you really could use someone to have your back. Someone who will gun for your cause. Someone who can fight on your side. Then you really should retain a Flagstaff personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing the situation objectively is hard. But staying calm and logical can be the difference between receiving the appropriate payment that you deserve or going home feeling like you didn’t get what you wanted.
A Flagstaff personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. Most people may not even get the potential consequences of what’s happening until sitting down with a legal professional. That person 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 ahead with the process of any possible claim or case.
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What is a Flagstaff PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend 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 caused by the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
A PIL generally takes a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential causes for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely 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 on the DL. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 legal professional 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 demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful PTSD Injury 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 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!