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Duties of a PTSD Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or through the willful neglect of others? Many times incidents can be determined by personal insurance or through a small claims case. If it is not worth fighting for it’s best to walk it off and move forward.
But perhaps you could use someone to get your back. Someone who will really fight for your case. A professional who can really fight for your side. Sometimes you really should retain a Sedona personal injury attorney that will fight for your rights, both in regards to money and individually, 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 enjoyable. It’s an emotional time, and seeing things objectively is challenging. But keeping calm and collected can be the difference between getting the appropriate price that you deserve or quitting the case with no settlement.
A successful Sedona personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. Many people may not even understand the potential consequences of the situation until talking with a legal professional. A legal adviser can help you realize all of this objectively, 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 potential claim or case.
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What is a Sedona PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases can a personal injury attorney take?
A PIL usually takes a large number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be 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.
The other primary field of a PIL is the purposely executed wrongful 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. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of law, personal injury attorneys nearly always work on a contingency fee basis. What this means is 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 strictly upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case will end up in court.
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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award sooner rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything 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 in the best interest of either party. The plaintiff 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 award 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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to trial. This is determined by how much the other party 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 file a court case. 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 go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Sedona
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!