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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been injured either in an accident or through the negligence of someone? Many times incidents can be resolved by personal insurance or through a small claims court. If it is extremely minor it can be probably best to walk it off and move on.
But maybe you really could use someone to take your side. Someone that will really gun for your cause. A person who will fight on your side. Those are the times you really should retain a Kingman personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and logically oriented can be the difference between receiving the fair payment or leaving the case worse off than before.
A Kingman personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the full breadth of what’s happening until discussing the matter with a legal professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move ahead with any possible claim or case.
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What is a Kingman Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
The PIL usually takes a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 carelessness or incompetence of someone.
The other primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal universe, personal injury attorneys 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 has beaten 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 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 can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim 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 a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award 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 anything else that is required to beat the claim.
And lastly, 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 would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms. 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 partially agrees to terms, 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 file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Kingman
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!