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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or by way of the neglect of someone? Sure, sometimes issues can be resolved through personal insurance or through a small claims court. If it is very minor it can be best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you really need someone to take your side. Someone who will really gun for you. Someone who will really fight for your side. Sometimes you really need a Sedona personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is challenging. But keeping cool and logical can make the difference between getting the fair price that you deserve or going home empty handed.
A successful Sedona personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our legal system. Many people may not even understand the breadth of the situation until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Sedona Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
The PIL usually takes a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, separate from nearly all other areas of the legal universe, PILs almost always 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 should be no upfront payment, for consultation or any other service. Their fee is based just 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 necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they may 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 on the DL. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply 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 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built 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 demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, decides if they will 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 to everything proposed, 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 all of them or only is in partial agreement, it will be up to the plaintiff to determine 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 Sedona
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!