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Has a loved one or you been injured either in an accident or by way of the willful neglect of others? Sometimes incidents can be dealt with by personal insurance or through a small claims case. If it is not worth fighting for it’s best to walk it off and get on with your life.
But perhaps you really need someone to take your side. Someone who will fight for you. Someone who will fight for your side. Then you really must have a Springerville personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is difficult. However, keeping calm and logical can be the difference between receiving the proper price or dropping the case broke.
An experienced Springerville personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. Most people may not even fully realize the facts of what might occur until speaking with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move ahead with any possible claim.
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What is a Springerville Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for 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 hired by the defendant. In the case of bodily injury, the injured party might hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything 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 in relation to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases could a personal injury attorney accept?
A PIL generally tackles a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field 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. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins 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 last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim can end up in court.
But 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 other party is fully 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may simply not want to go through the exhausting 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. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turns out, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms 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 all of them or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Springerville
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!