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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the negligence of someone? Many times things can be worked out through personal insurance or through a small claims court. Every once in a while it’s probably best to forget about it and get on with your life.
But there are times you really could use someone to get your back. Someone who will gun for you. A person who can really fight for your side. Sometimes you really need a Prescott personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is challenging. However, remaining calm and logical can make the difference between receiving the best payment that you deserve or quitting the case feeling like you should have gotten a better deal.
An experienced Prescott personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the potential consequences of what’s happening until conversing with a professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move ahead with any possible case.
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What is a Prescott Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum 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 a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer take on?
The PIL generally takes a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main study of a PIL is the intentional wrongful case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a 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 nearly endless.
In addition, and completely different from pretty much all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats 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 final 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 wind up floating back and forth in limbo or an offer is unacceptable that a claim may very well end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those 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 months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible 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 complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 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 taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 occurred, of injuries suffered, 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, chooses if they will bring the case in front of a judge. 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 all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Prescott
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 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!