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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the willful neglect of someone? Sometimes issues can be solved by personal insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you really could use someone to have your back. Someone that will fight for you. Someone who will really fight for your side. Sometimes you really should have a Gila Bend personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the injury happened.
Being hurt by a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is challenging. But staying cool and logical can make the difference between receiving the fair price or dropping the case feeling like you should have gotten a more appropriate solution.
An experienced Gila Bend 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 the legal system. If you are like most people, you may not even fully realize the facts of what might occur until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move ahead with any possible claim.
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What is a Gila Bend Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and more.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response. But what cases could a personal injury attorney take?
The PIL generally handles a wide number of cases that fall into two primary groups. 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 someone.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the 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 do not get agreed upon or an offer is totally unacceptable that a personal injury claim will end up going to trial.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully 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. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want 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 simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to trial. 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 all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Gila Bend
Here at DeLozier Law, we have many 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!