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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been hurt in an accident or through the willful negligence of someone? Sure, sometimes issues can be solved by personal insurance or through a small claims court. Every once in a while it’s a good idea to drop it and move on because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to get your back. Someone who will gun for you. A person who can really fight for your side. Then you really need a Cottonwood personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is challenging. But keeping cool and logical can make the difference between receiving the fair compensation or leaving the case with a situation that you will not like.
A Cottonwood personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the facts of what might occur until talking with a professional. An attorney can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Cottonwood Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
The PIL generally tackles a wide variety of cases that fall into two main fields. 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 uncaring state or incompetence of someone.
The second primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the 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 could counteroffer if they feel they are not getting enough 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 lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely aware that they are at fault for the incident that led to the claim, they might 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely 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 only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Cottonwood
Here at DeLozier Law, we have many 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 602-989-1759!