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Duties of a Car Accident Lawyer:
Have you or a loved one been hurt in an accident or through the negligence of others? At times issues can be solved through insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to get your back. Someone who will really fight for your cause. A person who can fight for your side. Those are the times you really need a Casa Grande personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is challenging. But remaining calm and logically oriented can be the difference between getting the appropriate payment that you deserve or leaving the case with your tail between your legs.
A great Casa Grande personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the facts of the situation until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Casa Grande Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 attorney is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
The PIL generally tackles a wide variety of cases that fall 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. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main field of a PIL is the intentional tort case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of the legal universe, personal injury professionals generally 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 is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 in court.
However, it is rare 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 costs. If the defendant is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the 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 Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, 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 partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Casa Grande
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 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!