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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the willful neglect of others? Many times incidents can be settled through insurance or through a small claims case. Occasionally it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you really need someone to take your side. Someone who will really fight for your case. Someone who can really fight for your side. Then you really must have a Lake Havasu City personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is nearly impossible. But keeping cool and logically oriented can make the difference between receiving the appropriate payment that you deserve or going home feeling incompetent.
An experienced Lake Havasu City personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Most people may not even realize the breadth of the situation until talking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether or not they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Lake Havasu City Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer 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 contacted, research any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL usually tackles a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 main study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim can 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 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 on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 getting 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Lake Havasu City
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 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!