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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the willful negligence of someone? There are times issues can be worked out by insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you really need someone to get your back. Someone that will fight for your cause. A professional who will fight on your side. Then you really should retain a Yavapai County personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But remaining calm and collected can be the difference between getting the fair price or leaving the case empty handed.
An experienced Yavapai County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even understand the breadth of what’s happening until sitting down with a professional. An attorney can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with any possible case.
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What is a Yavapai County Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover money 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 another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response. But what cases could a personal injury lawyer fight for?
The PIL generally handles a wide number 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. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is basically endless.
In addition, and completely different from most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 may very well end up in court.
But it is unusual 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 liable party is completely 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 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. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Wrongful Death Lawyer Near Me in Yavapai County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!