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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been injured either in an accident or through the willful neglect of others? There are times problems can be determined by personal insurance or through a small claims court. Every once in a while it’s best to forget about it and get on with your life.
But sometimes you need someone to take your side. Someone who will really gun for you. A person who will fight on your side. Those are the times you really should have a Sedona personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is hard. However, remaining calm and logically oriented can be the difference between getting the fair payment or quitting the case feeling incompetent.
An experienced Sedona personal injury professional can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. Most people may not even comprehend the full breadth of the situation until conversing with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Sedona Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil 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 another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by 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 talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases can a personal injury lawyer accept?
A PIL generally handles a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 unacceptable that a claim could potentially 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. 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 privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 what either party wants. 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 due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of locating 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the other party 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 court case. If the other party agrees to some terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death 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!