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Duties of a Car Accident Lawyer:
Has a loved one or you become injured either in an accident or through the willful negligence of others? Many times issues can be resolved through insurance or through a small claims court. Occasionally it can be best to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to get your back. Someone who will fight for your cause. A professional who will fight for your side. Sometimes you really should retain a Gila Bend personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is hard. But staying calm and collected can be the difference between getting the appropriate payment that you deserve or dropping the case with a situation that you will not like at all.
A successful Gila Bend personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even realize the implications of what could happen until talking with a professional. That person can help you see all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with any potential claim or case.
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What is a Gila Bend 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 hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone 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 to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation doesn’t work, the attorney may consider filing 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 large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens 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. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, separate from nearly all other fields of the legal universe, 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 wins the case. It means that there is 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 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 just flat-out refused that a claim can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 everything else that is necessary to beat the claim.
And finally, 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 would rather settle for 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 give a much lesser amount.
What are the PIL Tasks?
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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation works out, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. 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 determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Gila Bend
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!