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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 neglect of someone? Sometimes things can be dealt with 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 because it may cause you more headache than it is worth fighting for.
But there are times you need someone to have your back. Someone who will gun for your cause. A person who will really fight on your side. That’s when you really must have a Pima personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is challenging. However, staying calm and logical can make the difference between getting the fair compensation or going home with no settlement.
A great Pima personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even get the implications of what could happen until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move ahead with any potential case.
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What is a Pima Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party will hire a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response. But what cases could a personal injury attorney take?
A PIL usually takes a large variety of cases that can be separated into two main fields. 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 carelessness or incompetence of someone.
The second main field of a PIL is the intentional tort case. An intentional tort happens when someone intentionally hurts 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 nearly endless.
In addition, unlike pretty much all other areas of the legal world, PILs almost 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up in front of a judge.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is completely 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment 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 simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 of benefit to either party. The plaintiff 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.
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 lawyer has built 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 demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide 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 Pima
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!