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Things a Car Accident Lawyer does:
Has a loved one or you been hurt in an accident or by way of the willful negligence of someone? Many times things can be dealt with through personal insurance or through a small claims court. Every once in a while it’s a good idea to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But there are times you really could use someone to have your back. Someone who will really gun for your cause. A person who will fight for your side. That’s when you really must have a Fountain Hills personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is difficult. However, staying calm and logical can make the difference between getting the appropriate compensation or quitting the case worse off than before.
A Fountain Hills personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. Most people may not even fully realize the breadth of what might occur until talking with a professional. A legal adviser can help you realize all of this objectively, determine the claim and how they can be of service, and help you move ahead with any possible case.
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What is a Fountain Hills 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 hired to recover cash 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 initiate the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party will retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney accept?
The PIL generally handles a wide number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 negligence or incompetence of someone else.
The other primary field of a PIL is the purposely executed tort case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of law, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be 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 final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
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 up in the air for even longer. The plaintiff may want financial payment 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 anything else that is necessary 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 what either party wants. 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 court case 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation works out, chooses if they will bring the case in front of a judge. This is determined by how much the other party 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 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 file a claim in court.
Choose the Successful Car Accident Lawyer in Fountain Hills
Here at DeLozier Law, we have many 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!