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Has a loved one or you been hurt in an accident or through the willful neglect of someone? There are times issues can be worked out by insurance or through a small claims case. Every once in a while it can be a good idea to drop it and move forward because it may cause you more headache than it is worth .
But maybe you need someone to take your side. Someone who will really gun for your case. Someone who will fight for your side. Then you really should retain a Thatcher personal injury lawyer 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 hurt by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is challenging. However, staying calm and collected can make the difference between getting the best payment or quitting the case feeling incompetent.
An experienced Thatcher personal injury attorney can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even understand the potential consequences of what’s happening until conversing with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Thatcher Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired 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 lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL usually tackles a wide number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may very well 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known 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 everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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. The accusing party may in many cases rather settle for 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 give a much lesser amount.
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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine 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 Thatcher
Here at DeLozier Law, we have many 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!