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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? At times things can be determined by personal insurance or through a small claims court. If it is very minor it can be a good idea to drop it and get on with your life.
But there are times you really could use someone to take your side. Someone that will fight for your cause. Someone who will really fight on your side. That’s when you really should have a Sedona personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and being objective is hard. However, staying calm and logically oriented can be the difference between receiving the fair price or dropping the case with no recourse.
An experienced Sedona personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even fully realize the breadth of the situation until sitting down with a professional. An attorney can help you realize 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 any potential case.
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What is a Sedona Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person could hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
The PIL generally takes a large variety of cases that can be separated 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. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 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 totally unacceptable that a claim may very well end up in court.
But it is rare 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 liable party is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award in the near term 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 finish the never-ending 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 the best situation for either. The plaintiff may in many cases rather settle for 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 Personal Injury Lawyer’s Duties?
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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney Near Me in Sedona
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!