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Things a Car Accident Lawyer does:
But sometimes you really could use someone to take your side. Someone that will gun for your case. Someone who can really fight for your side. Then you really must have a Eloy personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and being objective is difficult. But remaining calm and collected can be the difference between getting the proper payment that you deserve or dropping the case with nothing.
An experienced Eloy personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what could happen until talking with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and whether or not they can be of service, and help you move ahead with the process of any possible case.
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What is a Eloy Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 initiate the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party could retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to the case, and use all their possible resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
The PIL usually tackles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has built 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 demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides 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. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement, 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 Eloy
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 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!