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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been injured in an accident or by way of the willful neglect of others? Sure, sometimes things can be determined by personal insurance or through a small claims case. If it is not worth fighting for it’s probably best to forget about it and move forward.
But maybe you need someone to have your back. Someone who will really gun for your case. A person who can really fight on your side. That’s when you really should have a Eloy personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing the situation objectively is challenging. However, keeping calm and logically oriented can make the difference between getting the proper compensation that you deserve or leaving the case with nothing.
An experienced Eloy personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even realize the implications of what could happen until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with the process of any potential case.
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What is a Eloy Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
The PIL usually tackles a large variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury attorneys usually 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 is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an 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 in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to finish the never-ending 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 legal professional 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 attempts to negotiate the settlement, and depending on how the negotiation turns out, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Eloy
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!