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Duties of a Car Accident Lawyer:
Has a loved one or you become injured either in an accident or through the neglect of someone? Sure, sometimes issues can be settled through personal insurance or through a small claims court. Every once in a while it’s best to forget about it and move forward because it may cause you more headache than it is worth spending your time on.
But at times you really need someone to take your side. Someone who will fight for you. A person who will fight on your side. Then you really need a Cottonwood personal injury attorney 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 injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is hard. But staying calm and logical can make the difference between receiving the appropriate payment that you deserve or leaving the case with no recourse.
An experienced Cottonwood personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even get the full breadth of what might occur until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Cottonwood Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to your case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
A PIL generally tackles 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. 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 someone.
The second main field of a PIL is the intentional tort 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 similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, separate from most other areas of the legal world, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins 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 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 can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim can 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 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 the best situation. The plaintiff may in many cases 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 award a much lesser amount.
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, 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 to terms, 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 go to court.
Choose the Successful Car Accident Lawyer in Cottonwood
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!