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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become injured either in an accident or through the neglect of someone? Sure, sometimes things can be resolved by insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and move forward.
But sometimes you need someone to have your back. Someone who will fight for your case. A professional who can really fight for your side. Then you really should have a Nogales 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 victimized by a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is difficult. But remaining cool and logically oriented can make the difference between receiving the appropriate compensation or dropping the case broke.
A Nogales personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. Most people may not even fully realize the potential consequences of the situation until discussing the matter with a professional. That person can help you see all of this objectively, determine the potential of a claim and whether or not they can be of service, and help you move forward with any potential claim.
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What is a Nogales Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for 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 initiate the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases could a personal injury attorney fight for?
The PIL generally takes a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, which is different than nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who 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 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 necessarily easy. 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 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 a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is fully 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 settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide 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. Extended trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything 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 the best situation. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 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 suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the other party 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 file a court case. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Nogales
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!