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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become hurt either in an accident or by way of the willful neglect of others? At times issues can be solved by personal insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But maybe you really could use someone to have your back. Someone who will gun for you. A person who can really fight for your side. Those are the times you really should retain a Flagstaff personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being the victim of a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing things objectively is hard. But remaining cool and logical can be the difference between getting the fair payment that you deserve or leaving the case with a situation you will never recover from.
A Flagstaff personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. Most people may not even get the implications of what could happen until speaking with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any possible claim or case.
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What is a Flagstaff Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response. But what cases can a personal injury attorney fight for?
A PIL generally takes a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 uncaring state or incompetence of someone.
The other main study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the possible causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal world, PILs almost always work on a contingency fee basis. This means 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 otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely 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 settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. 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 terms but not all of them or partially agrees to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Flagstaff
Here at DeLozier Law, we have over 4 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!