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Duties of a Auto Accident Lawyers Near Me:
Have you or a loved one been injured either in an accident or by way of the negligence of someone? Sometimes things can be worked out by personal insurance or through a small claims case. If it is not worth fighting for it’s probably best to walk it off and get on with your life.
But at times you could use someone to take your side. Someone that will really fight for you. Someone who will really fight on your side. Then you really should retain a Cottonwood personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But staying cool and logical can make the difference between getting the appropriate payment that you deserve or leaving the case a permanently awful situation.
A Cottonwood personal injury attorney can act as a buffer 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 realize the facts of what might occur until talking with a professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Cottonwood Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party will retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything in 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 the case, and use all their available resources to make sure all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what cases does a personal injury attorney take?
A PIL generally handles a wide variety of cases that can be divided into two primary categories. 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 caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary study of a PIL is the intentional wrongful case. An intentional tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be 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 an 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 receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim will end up going to court.
However, 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 defending party is totally 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 settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest 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 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 attorney has formed 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 required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Auto Accident Lawyers Near Me in Cottonwood
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we helped them get the settlement they needed and 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!