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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? Many times problems can be determined by insurance or through a small claims court. Every once in a while it can be a good idea to drop it and move forward.
But at times you could use someone to get your back. Someone who will gun for your cause. A professional who can fight on your side. Then you really must have a Apache County personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But keeping cool and logically oriented can be the difference between receiving the best compensation that you deserve or quitting the case with no money.
A Apache County personal injury professional can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of the situation until speaking with a professional. That person can help you realize all of this objectively, 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 Apache County Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what cases would a personal injury attorney take?
The PIL generally tackles a wide variety of cases falling into two primary fields. 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 second main study of a PIL is the purposely executed injustice case. An intentional tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins 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 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially 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 lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 in the best interest of either party. 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Auto Accident Lawyers Near Me in Apache County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!