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What a Wrongful Death Lawyer Near Me does:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? Many times incidents can be settled through personal insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you really could use someone to take your side. Someone who will really fight for your cause. Someone who can fight for your side. That’s when you really must have a Surprise personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is very hard. But remaining cool and collected can be the difference between getting the best price that you deserve or quitting the case broke.
An experienced Surprise personal injury professional can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the facts of the situation until talking with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with any possible claim or case.
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What is a Surprise Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney accept?
A PIL usually takes a large number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from most other fields of the legal universe, 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 has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 claim may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to 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 settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award 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 just not want to complete the ridiculously long 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 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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding 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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Surprise
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!