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What a Car Accident Lawyer does:
Has a loved one or you been hurt either in an accident or through the willful negligence of others? There are times incidents can be determined through personal insurance or through a small claims case. Every once in a while it can be best to forget about it and move forward.
But at times you really need someone to have your back. Someone that will gun for your cause. Someone who can really fight for your side. Then you really need a Pinal County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, remaining cool and logical can be the difference between receiving the fair compensation or quitting the case worse off than before.
An experienced Pinal County personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the potential consequences of what might occur until discussing the matter with a legal professional. An attorney can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Pinal County Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 lawyer is usually hired to start the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
The PIL generally tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main study of a PIL is the intentional wrongful case. A purposeful 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 such situations. Really the potential reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of law, personal injury attorneys usually 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 otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal 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 receiving 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 personal injury claim may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several 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 completely 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner 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 simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Pinal County
Here at DeLozier Law, we have many 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!