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Duties of a Personal Injury Lawyer Near Me:
But maybe you could use someone to take your side. Someone that will really fight for your case. Someone who will fight for your side. Those are the times you really should retain a Navajo County personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing the situation objectively is nearly impossible. But staying calm and logical can be the difference between receiving the appropriate compensation that you deserve or dropping the case a permanently awful situation.
A Navajo County personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the full breadth of what’s happening until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any possible claim.
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What is a Navajo County Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 initiate the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
A PIL generally tackles a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be 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 another.
The other main field of a PIL is the intentional tort case. A purposeful tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of the legal universe, personal injury attorneys nearly 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 has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may very well end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully 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 lend 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 big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone 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. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney 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 requested.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement to terms, 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 Personal Injury Lawyer Near Me in Navajo 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 602-464-9666!