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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been injured either in an accident or through the willful negligence of others? Many times things can be worked out through personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you really need someone to have your back. Someone who will fight for your case. A person who can really fight for your side. Sometimes you really must have a Oro Valley personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is difficult. But remaining calm and logical can make the difference between getting the fair compensation that you deserve or leaving the case with your tail between your legs.
A great Oro Valley personal injury professional can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the breadth of what could happen until conversing with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with the process of any potential case.
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What is a Oro Valley Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity on behalf of 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 begin the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to the case, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take on?
The PIL usually tackles a wide number of cases that fall 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 is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main field of a PIL is the intentional injustice case. An intentional tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats 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 a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 just flat-out refused that a claim may very well end up in 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 unneeded legal costs. If the other party is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 down low. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Oro Valley
Here at DeLozier Law, we have many 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!