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Has a loved one or you become injured in an accident or by way of the negligence of others? Sometimes problems can be worked out by personal insurance or through a small claims case. If it is extremely minor it can be probably best to drop it and move on.
But perhaps you really need someone to have your back. Someone who will fight for your cause. A person who will really fight on your side. Those are the times you really should retain a Somerton personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and being objective is challenging. But staying cool and collected can make the difference between receiving the appropriate compensation that you deserve or dropping the case with your tail between your legs.
A great Somerton personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even realize the full breadth of the situation until speaking 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 ahead with the process of any potential claim.
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What is a Somerton Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person can hire a personal injury professional when said dispute 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 legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
The PIL usually handles a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of the legal universe, PILs 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 beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 totally unacceptable that a personal injury claim may end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 the best situation for either. The accusing party would 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 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed 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 incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Somerton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they 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!