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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been hurt either in an accident or through the negligence of someone? At times things can be worked out through insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and move forward.
But sometimes you could use someone to take your side. Someone that will gun for your cause. Someone who will fight on your side. Sometimes you really should retain a Gila Bend personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is nearly impossible. But keeping cool and logically oriented can make the difference between getting the proper compensation that you deserve or leaving the case feeling like you should have gotten a more appropriate solution.
A great Gila Bend personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the facts of what might occur until discussing the matter with a legal professional. An attorney can help you realize all of this in a more objective light, determine the claim and whether they can help with your case, and help you move ahead with any possible claim.
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What is a Gila Bend Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party may hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the attorney may file a lawsuit in response. But what cases could a personal injury attorney fight for?
The PIL generally handles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be caused by 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 primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally 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 well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 for the best. 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 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement 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 Gila Bend
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!