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What a Negligence Car Accident Attorney Near Me does:
But perhaps you could use someone to take your side. Someone that will really fight for your cause. Someone who will fight for your side. Then you really should retain a Clarkdale personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is challenging. However, keeping cool and logical can make the difference between receiving the proper price that you deserve or going home broke.
An experienced Clarkdale personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our intense legal system. Many people may not even fully realize the breadth of what might occur until talking with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Clarkdale Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity for 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 begin 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 party may hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents in relation to your case, and use all possible 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 fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL usually takes a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 case may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible 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 just not want to go through 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Clarkdale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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 602-464-9666!