Top Rated Car Accidents Caused by Negligence Lawyer in Apache County
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Duties of a Car Accidents Caused by Negligence Lawyer:
But perhaps you really need someone to take your side. Someone who will really fight for your case. A person who can fight for your side. Then you really should have a Apache County personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing things objectively is very hard. However, staying calm and logically oriented can be the difference between receiving the proper payment or going home with nothing.
A successful Apache County 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 intense legal system. Most people may not even realize the full breadth of the situation until sitting down with a legal professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move ahead with any possible claim.
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What is a Apache County Car Accidents Caused by Negligence Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
A PIL usually handles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person purposefully hurts 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 causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 just flat-out refused that a personal injury claim can end up in front of a judge.
However, 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 PIL 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Apache 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!