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Duties of a Body Injury Lawyer Near Me:
But sometimes you need someone to take your side. Someone who will really gun for you. Someone who can fight for your side. That’s when you really should have a Yavapai County personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, keeping cool and collected can make the difference between receiving the best compensation or going home with a situation you will never recover from.
An experienced Yavapai County personal injury attorney can act as a counselor between you and the challenging situation, making it much 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 breadth of what’s happening until talking with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Yavapai County Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity on behalf of 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 bring the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to the claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
A PIL generally handles a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal universe, personal injury attorneys 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 wins 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 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 can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can 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 a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And lastly, 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Yavapai County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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 602-464-9666!