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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been hurt in an accident or through the negligence of someone? Many times problems can be resolved by personal insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and get on with your life.
But there are times you really could use someone to take your side. Someone who will really gun for your case. A person who can fight for your side. Sometimes you really need a Chino Valley personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the injury happened.
Being victimized by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is very hard. However, staying cool and logical can make the difference between receiving the fair payment that you deserve or going home with a situation that you will not like at all.
An experienced Chino Valley personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even comprehend the potential consequences of what might occur until speaking with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with any possible claim.
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What is a Chino Valley Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained 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 attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the PIL 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 related to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury lawyer take?
A PIL generally takes a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 other main field of a PIL is the purposely executed wrongful case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case will end up in 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than later. Or they may simply 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 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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case 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 finding 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to court. 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 file a court case. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Chino Valley
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 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!