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Duties of a Injury From Doctor Lawyer Near Me:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? Sometimes things can be solved by insurance or through a small claims court. If it is extremely minor it can be best to drop it and move on.
But maybe you could use someone to take your side. Someone who will really fight for your case. A professional who can fight on your side. Those are the times you really should retain a Yavapai County personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and seeing things objectively is hard. However, remaining cool and logically oriented can make the difference between getting the best compensation that you deserve or leaving the case with no money.
A successful Yavapai County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. Most people may not even understand the potential consequences of what could happen until discussing the matter with a professional. A lawyer can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move ahead with any potential case.
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What is a Yavapai County Injury From Doctor Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets 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 start the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents in relation to the case, and use all possible 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 fails, the attorney will consider filing a lawsuit in response. But what cases could a personal injury attorney fight for?
A PIL generally tackles a wide variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. 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 intentional wrongful case. A purposeful tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is basically endless.
In addition, separate from most other fields of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim could potentially end up going to court.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is fully 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 award 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 bring 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 months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, 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 Injury From Doctor Lawyer Near Me in Yavapai County
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!