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Duties of a Car Accident Lawyer:
Has a loved one or you become hurt either in an accident or by way of the willful negligence of others? At times things can be dealt with through insurance or through a small claims case. Every once in a while it’s best to drop it and move on because it may cause you more headache than it is worth fighting for.
But sometimes you really could use someone to take your side. Someone that will fight for your case. A person who will really fight for your side. That’s when you really should retain a Clarkdale personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is challenging. But keeping cool and collected can make the difference between getting the appropriate payment that you deserve or quitting the case a permanently awful situation.
An experienced Clarkdale personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even comprehend the implications of what’s happening until discussing the matter with a professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with any potential claim.
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What is a Clarkdale 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 generally retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury professional when said case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
A PIL usually tackles a wide number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 negligence or incompetence of a person.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is basically endless.
In addition, and in contrast to most other fields of the legal world, PILs nearly 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 financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings big publicity. 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 speed things up. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 PIL Duties?
First they will take care of gathering 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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Clarkdale
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!