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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been hurt either in an accident or by way of the willful negligence of others? Sure, sometimes issues can be dealt with through insurance or through a small claims court. If it is not worth fighting for it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really could use someone to take your side. Someone who will really fight for you. A professional who can really fight on your side. Those are the times you really must have a Sedona personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is challenging. But staying calm and logically oriented can make the difference between getting the appropriate price or quitting the case with no recourse.
An experienced Sedona personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Many people may not even comprehend the breadth of the situation until speaking with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move forward with any potential case.
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What is a Sedona Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 another person, a civil attorney is usually hired to begin 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 person can retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL usually tackles a wide number of cases that fall 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. 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 negligence or incompetence of another.
The other main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of law, 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 overcomes 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 Could the Result Be 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to finish the ridiculously long 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 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 maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give 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 suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to push to bring the claim 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 no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Sedona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!