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Duties of a Car Accident Lawyer:
Has a loved one or you been hurt in an accident or through the willful negligence of others? Sometimes problems can be solved through insurance or through a small claims court. Occasionally it’s best to drop it and move on.
But there are times you really need someone to take your side. Someone that will gun for you. Someone who will fight for your side. Those are the times you really should retain a Apache Junction personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But remaining cool and logical can make the difference between getting the proper payment that you deserve or quitting the case a permanently awful situation.
An experienced Apache Junction personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even get the full breadth of what could happen until talking with a professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Apache Junction Car Accident 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 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation falls through, the legal professional could fie a lawsuit in response. But what kinds of cases can a personal injury lawyer fight for?
The PIL usually handles a large number of cases that can be separated into two primary groups. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main field of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of law, personal injury professionals nearly 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 has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a case 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 the best situation for either. 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 risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Apache Junction
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!