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Duties of a Auto Accident Lawyers Near Me:
Has a loved one or you become injured either in an accident or by way of the willful negligence of others? Sure, sometimes issues can be worked out by personal insurance or through a small claims case. Every once in a while it can be best to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But maybe you could use someone to have your back. Someone who will really fight for you. A person who can really fight for your side. Those are the times you really should retain a Eagar personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is difficult. But keeping calm and logically oriented can be the difference between getting the best compensation that you deserve or going home feeling like you should have gotten a better deal.
A successful Eagar personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Many people may not even realize the full breadth of what’s happening until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with any possible claim.
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What is a Eagar Auto Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation 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 a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what kinds of cases could a personal injury lawyer accept?
The PIL generally takes a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other primary study of a PIL is the purposely executed injustice case. An intentional tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal universe, PILs generally 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 overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could 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 unacceptable that a claim may end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. 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 hasten the process. Extended court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, settlement allows the injured party 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 would rather settle for a little less in a guaranteed win. This, versus holding out for 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 Personal Injury Lawyer’s Tasks?
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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Auto Accident Lawyers Near Me in Eagar
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!