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Duties of a Car Accident Lawyer:
But maybe you need someone to have your back. Someone that will fight for you. Someone who will fight on your side. Those are the times you really should have a Winslow personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is hard. However, remaining calm and logical can make the difference between receiving the fair payment that you deserve or leaving the case empty handed.
A successful Winslow personal injury attorney can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our legal system. Many people may not even realize the implications of what could happen until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and whether they can be of service, and help you move forward with the process of any possible case.
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What is a Winslow Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other assets 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the lawyer 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 can be found, research any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
A PIL generally handles a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second main field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, which is different than most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply not want to go through 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 of benefit to either party. 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 claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 lawyer 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 incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Winslow
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 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!