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Duties of a Car Accident Lawyer:
Have you or a loved one been hurt in an accident or by way of the negligence of others? Sure, sometimes issues can be settled by personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to have your back. Someone that will really gun for your cause. A professional who will really fight for your side. Those are the times you really should have a Eagar personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and being objective is challenging. But keeping cool and logical can make the difference between receiving the appropriate payment that you deserve or leaving the case feeling like you should have gotten a better deal.
A successful Eagar personal injury professional can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even understand the implications of the situation until talking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move forward with any potential claim or case.
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What is a Eagar 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 bring the lawsuit and another civil lawyer is hired by the defendant 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 coming from any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney accept?
The PIL usually handles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually 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.
The second primary study of a PIL is the purposely executed tort case. A purposeful tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is essentially endless.
In addition, separate from most other fields of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats 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 the final steps of the process aren’t so simple. The injured party could send back a 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 just flat-out refused that a case will end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to 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 settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation in the near term 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 simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of finding 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 happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Car Accident Lawyer in Eagar
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!