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Things a Car Accident Lawyer does:
Have you or a loved one become hurt in an accident or through the willful neglect of others? Sure, sometimes things can be settled by personal insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and move forward because it may cause you more headache than it is worth .
But perhaps you really could use someone to take your side. Someone who will really fight for your case. A professional who can fight on your side. Those are the times you really should retain a Colorado City personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the incident happened.
Being hurt by a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is challenging. But keeping cool and logical can be the difference between getting the best compensation or leaving the case with a situation that you will not like at all.
An experienced Colorado City personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what’s happening until conversing with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any possible case.
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What is a Colorado City Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL generally takes a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 person.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a 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 just flat-out refused that a case may very well end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully 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 settlement can help keep the case on the DL. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Colorado City
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!