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Things a Car Accident Lawyer does:
Have you or a loved one become injured in an accident or by way of the willful negligence of others? Sure, sometimes incidents can be determined through insurance or through a small claims court. If it is extremely minor it can be probably best to drop it and move forward because it may cause you more headache than it is worth fighting for.
But maybe you need someone to have your back. Someone that will fight for you. A person who will fight on your side. Those are the times you really need a Oro Valley personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and seeing things objectively is challenging. But keeping calm and logically oriented can be the difference between getting the best compensation that you deserve or going home broke.
An experienced Oro Valley personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the full breadth of what might occur until talking with a legal professional. A lawyer 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 possible case.
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What is a Oro Valley Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
A PIL generally handles a large number of cases that can be separated 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 someone else.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, separate from nearly all other areas of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up going to trial.
However, 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials 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 award sooner 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 simply not want to finish 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer 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 try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case in front of a judge. 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 completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Oro Valley
Here at DeLozier Law, we have over 4 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!