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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the neglect of someone? There are times incidents can be solved by personal insurance or through a small claims case. Occasionally it can be probably a good idea to drop it and move on.
But maybe you need someone to take your side. Someone who will really fight for your case. Someone who will fight on your side. Then you really must have a Gila County personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is hard. However, keeping cool and collected can make the difference between receiving the proper price that you deserve or going home feeling like you should have gotten a better deal.
An experienced Gila County 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 the legal system. Most people may not even realize the potential consequences of what could happen until speaking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with any potential claim or case.
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What is a Gila County Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
The PIL usually tackles a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second main study of a PIL is the intentional wrongful case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen 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 end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment 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 just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award 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 lawyer has formed 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 incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death 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 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!