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Duties of a Train Personal Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the negligence of others? At times problems can be settled by insurance or through a small claims case. Every once in a while it’s probably best to drop it and get on with your life.
But there are times you really need someone to get your back. Someone who will gun for your case. A person who will fight on your side. That’s when you really should retain a Sierra Vista personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is never fun. It’s an extremely trying time, and seeing things objectively is hard. But staying cool and logical can be the difference between receiving the proper price that you deserve or quitting the case a permanently awful situation.
An experienced Sierra Vista personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even get the implications of what’s happening until talking with a legal professional. An attorney can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move forward with the process of any potential claim.
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What is a Sierra Vista Train Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity on behalf of 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 begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL generally tackles a wide number of cases that fall into two main 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 is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main field of a PIL is the intentional tort case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of the legal universe, PILs generally 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 solely upon 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 necessarily easy. 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 totally unacceptable that a personal injury claim may end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is completely 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 on the down low. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 the best situation. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 built 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 suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely 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 only partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Train 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!