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Duties of a Car Accident Lawyer:
Have you or a loved one become hurt in an accident or by way of the negligence of someone? There are times incidents can be determined through insurance or through a small claims court. Every once in a while it can be probably best to forget about it and get on with your life.
But there are times you really need someone to have your back. Someone who will really gun for your case. A professional who can fight on your side. Those are the times you really should have a Flagstaff personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing things objectively is hard. However, remaining cool and collected can make the difference between getting the best compensation that you deserve or going home with no recourse.
An experienced Flagstaff personal injury attorney can act as an advocate 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 realize the potential consequences of the situation until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Flagstaff Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin 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 party can retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
The PIL generally takes a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 carelessness or incompetence of another.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be 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 can send back a 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 just flat-out refused that a case may 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally 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 DL. 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 agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 in the best interest of either party. The accusing party may in many cases rather settle for 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.
What are the PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed 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 demanded.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation works out, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Flagstaff
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 602-989-1759!