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Duties of a Car Accident Lawyer:
Has a loved one or you become hurt in an accident or through the willful neglect of others? Many times things can be settled by personal insurance or through a small claims case. Every once in a while it can be best to forget about it and move on because it may cause you more headache than it is worth .
But there are times you could use someone to take your side. Someone who will really fight for you. A professional who can really fight for your side. Sometimes you really should retain a Apache County personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is nearly impossible. But staying calm and logical can make the difference between getting the best payment that you deserve or going home a permanently awful situation.
An experienced Apache County personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the breadth of the situation until speaking with a professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can be of service, and help you move ahead with the process of any potential claim.
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What is a Apache County Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger category 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney 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 contacted, research any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation falls through, 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?
The PIL generally takes a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main study of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally injures 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 list of reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A big trial brings public attention. 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. Extended trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail 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 the outcome of the negotiation, chooses whether or not 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. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Apache County
Here at DeLozier Law, we have many 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!