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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or by way of the willful neglect of someone? Many times issues can be settled through personal insurance or through a small claims court. If it is not worth fighting for it’s probably best to drop it and move on because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to take your side. Someone who will fight for you. A person who can really fight for your side. That’s when you really must have a Payson personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s a very trying time, and being objective is very hard. However, remaining calm and logical can be the difference between receiving the appropriate payment that you deserve or leaving the case worse off than before.
An experienced Payson personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. Many people may not even comprehend the implications of what could happen until sitting down with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with any potential case.
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What is a Payson Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of 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 could a personal injury attorney take?
The PIL generally handles 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, auto 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 someone else.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally 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 settlement can help keep the case low profile. 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 provide unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner 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 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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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.
What are the PIL 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 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 suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Payson
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!