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Duties of a PTSD Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or through the negligence of someone? Sure, sometimes problems can be determined by personal insurance or through a small claims case. If it is very minor it’s probably a good idea to drop 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. Someone who will fight for your side. That’s when you really must have a Sierra Vista personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is difficult. However, remaining cool and collected can make the difference between getting the fair payment or leaving the case worse off than before.
A successful Sierra Vista personal injury attorney can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. Many people may not even realize the breadth of what could happen until sitting down with a legal professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move forward with the process of any possible claim.
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What is a Sierra Vista PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, 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 in the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response. But what cases would a personal injury attorney take on?
A PIL generally takes a wide variety of cases that can be divided into two main categories. 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 negligence or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury lawyers 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a 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 just flat-out refused that a personal injury claim will end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% 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 settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 win the case.
And finally, 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 accusing party may in many cases rather settle for 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 finding 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a 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 other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, 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 Sierra Vista
Here at DeLozier Law, we have many 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!