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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been hurt either in an accident or through the willful negligence of someone? Many times issues can be solved through personal insurance or through a small claims case. Occasionally it’s a good idea to forget about it and get on with your life.
But perhaps you could use someone to take your side. Someone that will really fight for your cause. A person who can fight for your side. Sometimes you really should retain a Williams personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is very hard. But staying calm and logically oriented can make the difference between getting the best price or dropping the case with nothing.
An experienced Williams personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what might occur until sitting down with a professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether or not they can be of service, and help you move ahead with the process of any potential claim.
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What is a Williams Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents in relation to the claim, and use all their potential resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
A PIL usually tackles a wide number of cases that can be divided 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 carelessness or incompetence of someone else.
The second primary study of a PIL is the intentional injustice case. An intentional tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of law, PILs almost always work on a contingency fee basis. What this means is 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 any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, settlement allows the plaintiff 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 would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to bring the case to court. This is determined by how much the other party agrees to the settlement terms. 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 terms but not all of them or is in partial agreement to terms, 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 Williams
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!