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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? Sometimes issues can be resolved by personal insurance or through a small claims case. Occasionally it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you really could use someone to have your back. Someone that will really fight for your cause. A professional who will fight for your side. Sometimes you really need a Gila County personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident occurred.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and being objective is difficult. However, remaining cool and collected can make the difference between getting the best compensation that you deserve or quitting the case with no money.
An experienced Gila County personal injury professional can act as a counselor 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 fully realize the potential consequences of what’s happening until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move ahead with any possible case.
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What is a Gila County Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for 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 lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL usually takes a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of law, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment 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 go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees to terms, 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 County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!