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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become hurt either in an accident or by way of the willful neglect of someone? Sure, sometimes problems can be worked out through personal insurance or through a small claims case. If it is extremely minor it can be a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But there are times you need someone to take your side. Someone that will really gun for your case. A person who can really fight on your side. That’s when you really need a Pinetop-Lakeside personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the incident occurred.
Being hurt in a crime, accident, or negligence is not fun. It’s an emotional time, and seeing the situation objectively is very hard. However, remaining cool and logical can be the difference between getting the best compensation that you deserve or leaving the case a permanently awful situation.
A great Pinetop-Lakeside personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even understand the potential consequences of what might occur until talking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Pinetop-Lakeside Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
The PIL usually 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, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. 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 so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may very well end up in court.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any 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 down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 accusing party 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to trial. 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 completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or is in partial agreement, 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 file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Pinetop-Lakeside
Here at DeLozier Law, we have over 4 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!