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Duties of a Wrongful Death Lawyer Near Me:
But maybe you need someone to take your side. Someone who will gun for you. A professional who can fight on your side. Sometimes you really should have a Mesa personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is hard. But remaining cool and logical can make the difference between receiving the fair compensation that you deserve or going home with nothing.
An experienced Mesa personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the full breadth of what’s happening until sitting down with a legal professional. A lawyer 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 Mesa Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all their available 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 fails, the legal professional can file a lawsuit in response. But what cases could a personal injury attorney take?
The PIL generally handles a wide variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone else.
The other main field of a PIL is the intentional injustice case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal world, PILs usually 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 otherwise. 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 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 unacceptable that a personal injury claim 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 a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might 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 high profile people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Mesa
Here at DeLozier Law, we have many 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 602-464-9666!