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What a Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or through the willful neglect of others? Sometimes issues can be worked out by insurance or through a small claims case. If it is very minor it’s a good idea to walk it off and move on.
But perhaps you could use someone to take your side. Someone who will really gun for your cause. A professional who will really fight for your side. Those are the times you really should have a Springerville personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s a very trying time, and being objective is nearly impossible. However, remaining calm and logical can be the difference between getting the fair price that you deserve or going home with no recourse.
An experienced Springerville personal injury professional can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even fully realize the facts of what could happen until talking with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Springerville Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party could retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL generally takes a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be caused by 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 someone.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of law, PILs almost always work on a contingency fee basis. What this means is 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 any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can 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 just flat-out refused that a claim can end up in front of a judge.
However, it is unusual 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 defendant 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 settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 the best situation for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the 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.
What are the Personal Injury Lawyer’s Tasks?
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Springerville
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!