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Things a Personal Injury Lawyer Near Me does:
But perhaps you really could use someone to take your side. Someone who will gun for your case. A person who will fight on your side. Those are the times you really must have a Quartzsite personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is difficult. But keeping calm and collected can make the difference between receiving the best price that you deserve or going home with your tail between your legs.
A successful Quartzsite personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even comprehend the full breadth of what’s happening until sitting down with a legal professional. That person can help you see all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with any possible case.
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What is a Quartzsite Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL generally takes a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main field of a PIL is the intentional tort case. A purposeful tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of law, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last 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 just flat-out refused that a case may very well end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement 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 file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Quartzsite
Here at DeLozier Law, we have many 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!