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What a Personal Injury Lawyer Near Me does:
Have you or a loved one been hurt in an accident or by way of the willful negligence of others? There are times things can be resolved by insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and move forward.
But perhaps you need someone to get your back. Someone who will gun for your case. A person who will really fight for your side. Then you really should have a Mohave County personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing things objectively is challenging. But remaining calm and collected can be the difference between getting the appropriate price that you deserve or leaving the case a permanently awful situation.
A Mohave County personal injury attorney can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the facts of the situation until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with any possible claim.
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What is a Mohave County Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial means 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 attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your 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 could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
The PIL usually takes a large number 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 carelessness or incompetence of another person.
The second primary field of a PIL is the intentional wrongful case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal 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 receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. 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 confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 attorney has formed 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 incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim 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 completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Mohave County
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 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!