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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or through the willful negligence of others? There are times issues can be dealt with by personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to forget about it and move on.
But there are times you really need someone to have your back. Someone who will gun for your cause. Someone who can fight on your side. Then you really should retain a Willcox personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But keeping cool and logically oriented can make the difference between receiving the fair payment that you deserve or going home feeling like you should have gotten a better deal.
A great Willcox personal injury professional can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even comprehend the facts of what might occur until sitting down with a legal professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and whether they can be of service, and help you move forward with any possible claim.
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What is a Willcox Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
The PIL usually tackles a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 else.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, unlike most other areas of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award sooner 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 complete the never-ending process of putting on a case, presenting evidence, and doing everything 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 for the best. The accusing party 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 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in Willcox
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 needed and 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!