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Duties of a Car Accidents Caused by Negligence Lawyer:
Have you or a loved one been hurt either in an accident or through the negligence of others? Many times problems can be dealt with by insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But maybe you need someone to take your side. Someone that will really gun for you. A professional who can really fight for your side. Those are the times you really must have a Superior personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping calm and collected can make the difference between receiving the fair compensation that you deserve or quitting the case empty handed.
A Superior personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the implications of what might occur until conversing with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with any possible case.
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What is a Superior Car Accidents Caused by Negligence Attorney?
Well, personal injury lawyers (PILs) fall within the broader category 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 start the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
A PIL generally takes a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is basically endless.
In addition, separate from nearly all other areas of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final 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 unacceptable that a claim could potentially 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 lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The accusing party may in many cases 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.
What are the Personal Injury Lawyer’s Duties?
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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the 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 Car Accidents Caused by Negligence Lawyer in Superior
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!