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Things a Negligence Car Accident Attorney Near Me does:
Have you or a loved one been hurt either in an accident or by way of the negligence of others? There are times incidents can be solved by personal insurance or through a small claims court. If it is very minor it’s probably best to walk it off and move on.
But at times you could use someone to take your side. Someone that will gun for your cause. Someone who can really fight on your side. Sometimes you really need a Eagar personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is never a good time. It’s a very trying time, and being objective is nearly impossible. But staying calm and collected can be the difference between getting the proper payment or quitting the case with no recourse.
A great Eagar personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even comprehend the potential consequences of what might occur until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and if 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 Eagar Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired 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 another person, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party could hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
A PIL usually handles a large 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 negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary study of a PIL is the intentional wrongful case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final 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 wind up floating back and forth in limbo or an offer is unacceptable that a case may very well 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 of benefit to either party. The accusing party 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 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 Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed 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 requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Eagar
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 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!