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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one become injured either in an accident or by way of the willful neglect of others? There are times things can be solved through insurance or through a small claims court. If it is extremely minor it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But there are times you really need someone to get your back. Someone who will really gun for your cause. A professional who will fight for your side. That’s when you really must have a Sierra Vista personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. However, remaining cool and logical can make the difference between getting the proper compensation that you deserve or going home with a situation that you will not like.
An experienced Sierra Vista personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Most people may not even realize the potential consequences of what’s happening until conversing with a professional. A lawyer can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Sierra Vista Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured party will retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
The PIL usually handles a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main study of a PIL is the intentional wrongful case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is nearly endless.
In addition, separate from most other areas of law, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case can end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Hurt in a Wreck Lawyer in Sierra Vista
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 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!