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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the negligence of others? Sure, sometimes incidents can be resolved by personal insurance or through a small claims case. Occasionally it can be a good idea to drop it and move on because it may cause you more headache than it is worth .
But perhaps you could use someone to take your side. Someone that will really fight for you. A professional who can really fight for your side. That’s when you really need a Gilbert personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is challenging. But remaining cool and collected can be the difference between getting the proper payment that you deserve or quitting the case with nothing.
A Gilbert personal injury lawyer can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the facts of what’s happening until sitting down with a professional. An attorney can help you realize all of this objectively, determine the claim and whether or not they can be of service, and help you move forward with any potential claim or case.
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What is a Gilbert Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person will hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases does a personal injury lawyer fight for?
The PIL usually handles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main field of a PIL is the intentional tort case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a 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 just flat-out refused that a case will end up in court.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is 100% 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 low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner 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 finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim 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 terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Gilbert
Here at DeLozier Law, we have many 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!