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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? Sure, sometimes incidents can be worked out by insurance or through a small claims court. If it is extremely minor it’s best to drop it and move on because it may cause you more headache than it is worth .
But perhaps you really need someone to take your side. Someone who will really gun for you. Someone who will fight for your side. Then you really should retain a Gila Bend personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining calm and logically oriented can be the difference between getting the proper payment or going home with nothing.
An experienced Gila Bend personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even comprehend the implications of what might occur until conversing with a professional. An attorney can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Gila Bend Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired 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 attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
The PIL generally handles a wide 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, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury attorneys usually 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible 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 complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 in the best interest of either party. The accusing party 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 Personal Injury Lawyer’s Duties?
First they will take care of locating 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 opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death 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!