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Duties of a Plane Personal Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or through the negligence of someone? Sometimes incidents can be worked out through insurance or through a small claims court. If it is not worth fighting for it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But maybe you could use someone to get your back. Someone who will fight for your cause. A person who can really fight on your side. Those are the times you really must have a Prescott personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the injury occurred.
Being hurt in a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is very hard. But remaining calm and logically oriented can be the difference between getting the best compensation or dropping the case with no recourse.
An experienced Prescott personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even comprehend the breadth of what might occur until speaking with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and whether or not they can be of service, and help you move forward with any possible claim.
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What is a Prescott Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to your claim, and use all available 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 falls through, the legal professional can file a lawsuit in response. But what cases can a personal injury attorney fight for?
The PIL generally tackles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 uncaring state or incompetence of someone else.
The second primary study of a PIL is the purposely executed tort case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, unlike most other fields of the legal universe, personal injury lawyers 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 should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen 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 enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the liable 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has formed 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 required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Prescott
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 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!