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What a Red light Car Accident Attorney near Me does:
Has a loved one or you become injured either in an accident or by way of the neglect of others? Sure, sometimes issues can be solved through insurance or through a small claims case. If it is extremely minor it’s best to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you really could use someone to have your back. Someone who will fight for your cause. A person who will fight for your side. Those are the times you really must have a Flagstaff personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the injury 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 very hard. But remaining cool and collected can make the difference between getting the fair payment that you deserve or dropping the case feeling like you should have gotten a better deal.
A great Flagstaff personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of the legal system. Many people may not even fully realize the facts of what might occur until sitting down with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Flagstaff Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually hired to recover money 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the attorney may 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 usually takes a wide number of cases that can be separated 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. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone purposely injures 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 list of causes for a personal injury case is essentially endless.
In addition, unlike most other areas of law, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely 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 could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case could potentially end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates 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 might not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone 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 months or longer. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may just not want to go through the ridiculously long 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 for either. The plaintiff would 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Red light Car Accident Attorney near Me in Flagstaff
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!