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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you become injured either in an accident or through the neglect of someone? Many times things can be worked out through insurance or through a small claims case. Every once in a while it can be best to forget about it and move on.
But there are times you need someone to take your side. Someone who will really fight for your cause. A person who will fight on your side. Those are the times you really must have a Kingman personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, staying cool and logically oriented can make the difference between receiving the appropriate price or going home feeling like you should have gotten a more appropriate solution.
An experienced Kingman personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until sitting down with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether or not 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 Kingman Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil 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 attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
A PIL usually tackles a large variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary study of a PIL is the intentional tort case. A purposeful tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is 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 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 these final 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 just flat-out refused that a case may end up in court.
But it is rare 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 unneeded legal fees. If the party that is liable 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 settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A big 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 decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 of benefit to either party. The plaintiff may in many cases rather settle for a little 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 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 opposing party. 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 the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Kingman
Here at DeLozier Law, we have over 4 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!