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Duties of a Wrongful Death Lawyer Near Me:
But at times you could use someone to have your back. Someone who will really gun for your cause. Someone who will really fight on your side. Then you really need a Nogales personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is nearly impossible. But staying calm and collected can be the difference between getting the proper price that you deserve or going home with your tail between your legs.
An experienced Nogales personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of the situation until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Nogales Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response. But what cases would a personal injury lawyer fight for?
The PIL usually takes a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair 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 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
And finally, 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 for the best. The accusing party may in many cases 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding 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 defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Wrongful Death Lawyer Near Me in Nogales
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!