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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the willful neglect of someone? There are times incidents can be settled by personal insurance or through a small claims case. If it is very minor it can be probably best to drop it and get on with your life.
But there are times you really need someone to have your back. Someone who will really fight for you. Someone who can really fight on your side. That’s when you really should have a Sedona personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is not fun. It’s a very trying time, and being objective is nearly impossible. However, keeping calm and logically oriented can make the difference between getting the fair compensation that you deserve or dropping the case a permanently awful situation.
An experienced Sedona personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what’s happening until conversing with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and whether 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 Sedona Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired 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 a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional may consider filing a lawsuit in response. But what cases does a personal injury lawyer take on?
A PIL generally tackles a large number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 carelessness or incompetence of someone else.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only 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 necessarily easy. The injured party could send back a 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 personal injury claim will end up going to trial.
But 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 costs. If the defendant is fully 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 settlement can help keep the case low profile. 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 provide unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And lastly, 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 for the best. The accusing party would rather settle for a little 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 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim to court. 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 completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Sedona
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 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!