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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? There are times incidents can be resolved by insurance or through a small claims case. If it is not worth fighting for it’s probably best to drop it and get on with your life.
But perhaps you could use someone to have your back. Someone who will gun for your case. Someone who will really fight on your side. That’s when you really need a Willcox personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is challenging. However, keeping calm and collected can make the difference between getting the appropriate price or quitting the case with a situation you will never recover from.
An experienced Willcox personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until sitting down with a professional. An attorney can help you realize all of this in a more objective light, determine if a potential claim exists and whether or not they can help with your case, and help you move ahead with any possible claim.
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What is a Willcox Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity for 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL generally handles a large number of cases that can be divided into two primary groups. 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 negligence or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up in front of a judge.
However, it is rare 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 unnecessary legal costs. If the party that is liable is fully 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 settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 what either party wants. 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 award 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 of the terms but not all of them or partially agrees to terms, it will be up to the plaintiff to decide 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 Willcox
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!