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Duties of a Car Accident Lawyer:
But maybe you need someone to get your back. Someone that will gun for you. A person who will fight on your side. Sometimes you really need a Payson personal injury lawyer 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 before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is challenging. But staying calm and logically oriented can make the difference between getting the fair price or leaving the case feeling incompetent.
A Payson personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even comprehend the full breadth of what could happen until sitting down with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Payson Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for 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 start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
A PIL usually handles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main study of a PIL is the purposely executed tort 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. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, unlike most other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon 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 can 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 claim can 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 variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 low profile. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award sooner rather than later. 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 beat the claim.
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 the best situation for either. The plaintiff may in many cases 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 gathering 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Payson
Here at DeLozier Law, we have over 4 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!