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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been injured in an accident or through the negligence of someone? There are times problems can be settled through personal insurance or through a small claims case. Occasionally it can be a good idea to drop it and get on with your life.
But perhaps you really could use someone to take your side. Someone who will really fight for your cause. Someone who can really fight on your side. That’s when you really should retain a Phoenix personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is difficult. However, remaining calm and logical can make the difference between getting the best compensation that you deserve or going home with no money.
A successful Phoenix personal injury professional can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the potential consequences of what’s happening until speaking with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with any possible claim or case.
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What is a Phoenix Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally takes a wide variety 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 a person.
The second main study of a PIL is the purposely executed tort case. A purposeful tort happens 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. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of law, 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 overcome the case. It means that there is 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 could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may very well end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of gathering 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 detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees 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 partially agrees, 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 Phoenix
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!