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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the willful negligence of others? Sure, sometimes issues can be determined by personal insurance or through a small claims court. Occasionally it can be best to drop it and get on with your life.
But perhaps you really need someone to take your side. Someone who will fight for you. A person who can really fight on your side. Then you really should retain a Prescott Valley 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 injury occurred.
Being victimized by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But keeping calm and collected can be the difference between getting the proper price or dropping the case with your tail between your legs.
An experienced Prescott Valley personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. Many people may not even fully realize the facts of the situation until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move forward with the process of any possible case.
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What is a Prescott Valley Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for 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 begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury attorney take?
The PIL generally handles 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, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be 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 else.
The other primary study of a PIL is the intentional wrongful case. An intentional tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 could 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 just flat-out refused that a claim can end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 the best situation for either. 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to 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 to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Prescott Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!