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What a Wrongful Death Lawyer Near Me does:
Have you or a loved one become hurt in an accident or by way of the neglect of someone? Sometimes issues can be resolved by insurance or through a small claims case. Every once in a while it can be a good idea to drop it and move forward because it may cause you more headache than it is worth fighting for.
But there are times you need someone to take your side. Someone who will gun for your cause. Someone who can fight for your side. That’s when you really must have 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 incident happened.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is challenging. But staying cool and logically oriented can be the difference between getting the appropriate compensation or quitting the case with a situation you will never recover from.
A successful Flagstaff personal injury lawyer can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what’s happening until speaking with a legal professional. That person can help you realize all of this objectively, determine the claim and how 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 Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the legal professional can file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL usually takes a wide variety of cases that fall into two main categories. 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 carelessness or incompetence of a person.
The other main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon 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 necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case may very well end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates 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 might 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 or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 for the best. The accusing party 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 court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim 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 go to trial. If the other party agrees to some terms but not others or 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 file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Flagstaff
Here at DeLozier Law, we have many 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!