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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been hurt in an accident or through the willful negligence of others? Sure, sometimes problems can be resolved by personal insurance or through a small claims case. Every once in a while it’s a good idea to forget about it and get on with your life.
But perhaps you really could use someone to take your side. Someone who will gun for your case. Someone who will fight for your side. That’s when you really should retain a Pima County personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is never fun. It’s an extremely trying time, and seeing things objectively is challenging. However, keeping calm and logical can make the difference between receiving the proper price or going home with no recourse.
A great Pima County personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until discussing the matter with a legal professional. That person can help you realize all of this objectively, determine the claim and how they can be of service, and help you move ahead with any potential claim or case.
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What is a Pima County Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally 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 another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury attorney when said claim 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 lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL generally takes a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal universe, 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 overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely 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 necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is 100% aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The plaintiff 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.
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 complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Wrongful Death Lawyer Near Me in Pima County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they 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!