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Things a Negligence Car Accident Attorney Near Me does:
Has a loved one or you become hurt in an accident or through the neglect of others? Many times things can be determined by insurance or through a small claims case. Every once in a while it can be a good idea to walk it off and move on because it may cause you more headache than it is worth .
But perhaps you need someone to take your side. Someone who will really gun for you. A professional who can fight on your side. Sometimes you really should retain a Bisbee personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is difficult. But remaining calm and collected can be the difference between receiving the appropriate price or dropping the case worse off than before.
An experienced Bisbee personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even comprehend the facts of what might occur until conversing with a professional. That person can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move forward with any potential claim.
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What is a Bisbee Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained 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 initiate 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 may hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take?
The PIL generally takes a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 just flat-out refused that a personal injury claim may end up going to court.
However, it is rare 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 unnecessary 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award 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 complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 lawyer has built 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 demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Bisbee
Here at DeLozier Law, we have many 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!