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Duties of a Car Accident Lawyer:
Have you or a loved one become injured in an accident or through the willful neglect of someone? Sometimes things can be dealt with through insurance or through a small claims court. If it is extremely minor it’s best to walk it off and get on with your life.
But maybe you really could use someone to take your side. Someone that will gun for your cause. Someone who will really fight on your side. Those are the times you really must have a Tolleson personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is very hard. However, keeping calm and logically oriented can be the difference between receiving the proper price or dropping the case feeling like you should have gotten a more appropriate solution.
A Tolleson personal injury professional can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the full breadth of what’s happening until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with any potential claim or case.
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What is a Tolleson Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take on?
A PIL generally handles a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 negligence or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, unlike most other fields of the legal universe, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim will end up going to 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 party that is liable is 100% aware that they are at fault for the incident that led to the claim, they would 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 down low. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award sooner rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Tolleson
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!