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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the willful neglect of others? At times things can be determined through insurance or through a small claims case. Occasionally it can be best to walk it off and get on with your life.
But sometimes you could use someone to take your side. Someone that will really gun for your cause. Someone who can really fight on your side. Sometimes you really must have a Prescott personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and being objective is difficult. But remaining calm and logical can be the difference between receiving the appropriate payment or going home worse off than before.
A Prescott personal injury lawyer can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our challenging legal system. Many people may not even get the full breadth of the situation until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and whether they can help with your case, and help you move ahead with any potential claim.
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What is a Prescott Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party will hire a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
A PIL usually takes a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main study of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, and completely different from most other areas of law, PILs nearly always work on a contingency fee basis. This means 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 otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a 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 totally unacceptable that a case may end up in court.
However, it is unusual 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 liable party is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than down the road. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And finally, 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 what either party wants. The accusing party may in many cases rather settle for a little 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Prescott
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 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!