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Things a Car Accident Lawyer does:
Have you or a loved one become injured in an accident or through the negligence of someone? At times problems can be resolved by insurance or through a small claims court. Occasionally it’s probably best to drop it and get on with your life.
But sometimes you need someone to have your back. Someone that will really gun for you. A person who can really fight for your side. That’s when you really should retain a Gila County personal injury professional 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 before the injury occurred.
Being victimized by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is difficult. However, remaining calm and collected can make the difference between getting the proper payment that you deserve or leaving the case with no money.
An experienced Gila County personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even realize the facts of the situation until speaking with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with any possible case.
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What is a Gila County Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity on behalf of 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 a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person could retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what cases can a personal injury lawyer accept?
A PIL generally handles a wide 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, 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 person.
The second main study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person purposely 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 pretty much endless.
In addition, and in contrast to pretty much all other areas of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will 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 unneeded legal costs. If the defending party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide 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 Gila County
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!