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Have you or a loved one been hurt either in an accident or through the neglect of someone? There are times incidents can be solved through personal insurance or through a small claims court. If it is not worth fighting for it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to get your back. Someone who will really gun for your case. A professional who can really fight for your side. That’s when you really need a Sierra Vista personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is nearly impossible. But staying calm and logical can be the difference between receiving the fair payment or quitting the case with a situation that you will not like.
An experienced Sierra Vista personal injury attorney can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the potential consequences of what might occur until speaking with a professional. A lawyer can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Sierra Vista Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover money 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
A PIL generally takes a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal world, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only 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 necessarily easy. The injured party could 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 case will end up in front of a judge.
But 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 fees. If the liable party is completely 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 high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may just not want to finish 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 for the best. The plaintiff may in many cases 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death 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!