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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or by way of the willful negligence of someone? At times problems can be settled through personal insurance or through a small claims case. If it is extremely minor it can be a good idea to forget about it and get on with your life.
But sometimes you really need someone to take your side. Someone who will really fight for your cause. A person who will fight for your side. That’s when you really must have a Sierra Vista personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and being objective is challenging. However, staying calm and collected can be the difference between receiving the proper price that you deserve or going home worse off than before.
An experienced Sierra Vista personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what might occur until sitting down with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move forward with any potential claim.
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What is a Sierra Vista Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired 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 start the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents in relation to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what cases could a personal injury lawyer accept?
The PIL usually handles a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 someone else.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair 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 in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% 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 settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 built 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 required.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will 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 to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement, 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 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!