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Duties of a Negligence Car Accident Attorney Near Me:
But there are times you could use someone to take your side. Someone who will really fight for your cause. A professional who can really fight for your side. Those are the times you really must have a Gila County personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and being objective is very hard. However, keeping calm and collected can be the difference between receiving the best payment or leaving the case feeling like you didn’t get what you wanted.
An experienced Gila County personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even get the implications of what’s happening until speaking with a professional. That person can help you realize all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move forward with any potential case.
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What is a Gila County Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
A PIL generally tackles a large variety of cases that fall 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. 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 uncaring state or incompetence of a person.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposefully hurts 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 in contrast to most other fields of law, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. 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 last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up in front of a judge.
However, it is rare 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 unnecessary legal fees. 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 out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees, 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 file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me 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 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 602-464-9666!