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Duties of a Body Injury Lawyer Near Me:
But sometimes you need someone to get your back. Someone who will fight for you. Someone who will fight on your side. Then you really should have a Payson personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is challenging. However, remaining cool and logically oriented can make the difference between getting the fair payment or dropping the case with no money.
An experienced Payson personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Many people may not even fully realize the potential consequences of what could happen until discussing the matter with a legal professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Payson Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other valuables 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 lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues caused by the injury, and more.
After the lawyer 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, gather any and all documents related to the case, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL generally tackles 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. 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 a person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs 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 overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will 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 would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Payson
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 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!