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What a Wrongful Death Lawyer Near Me does:
Has a loved one or you been injured either in an accident or by way of the willful neglect of others? Sometimes things can be settled through insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But maybe you could use someone to get your back. Someone who will really fight for you. Someone who will fight for your side. That’s when you really must have a Springerville personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury happened.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying calm and collected can make the difference between getting the fair price or quitting the case empty handed.
A Springerville personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Many people may not even understand the breadth of what’s happening until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with any possible case.
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What is a Springerville Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for 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 initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to your case, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
A PIL usually handles a large number of cases that can be divided into two primary 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 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 carelessness or incompetence of a person.
The second primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person intentionally 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 potential causes for a personal injury case is basically endless.
In addition, unlike nearly all other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be 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 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 very well end up going to trial.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they might 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 on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want 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 never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely 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 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 demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Springerville
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 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!