Top Rated Car Accidents Caused by Negligence Lawyer in Nogales
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What a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you become injured either in an accident or through the willful negligence of others? Sure, sometimes problems can be determined by insurance or through a small claims case. Occasionally it’s a good idea to drop it and move forward.
But sometimes you really could use someone to take your side. Someone who will really gun for your cause. Someone who can really fight for your side. Those are the times you really need a Nogales personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and being objective is difficult. However, remaining calm and collected can be the difference between getting the fair price or going home feeling like you didn’t get what you wanted.
An experienced Nogales personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even get the facts 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 if a claim exists and whether or not they can be of service, and help you move forward with any potential case.
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What is a Nogales Car Accidents Caused by Negligence Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 initiate the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party may hire 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 attorney has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
A PIL usually takes a large variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of someone.
The second primary field of a PIL is the intentional injustice case. An intentional tort occurs when someone intentionally 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 tell the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of law, PILs generally 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 been successful in winning 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 the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment 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 just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Nogales
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!