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Duties of a Car Accident Lawyer:
Have you or a loved one been injured in an accident or through the negligence of someone? There are times things can be worked out by insurance or through a small claims case. If it is not worth fighting for it’s best to drop it and get on with your life.
But sometimes you really need someone to take your side. Someone who will really gun for your case. A person who can fight for your side. Then you really should have a Graham County 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 injury happened.
Being harmed by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is nearly impossible. However, remaining calm and logical can be the difference between receiving the fair compensation or quitting the case with a situation that you will not like at all.
An experienced Graham County personal injury professional can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the full breadth of the situation until sitting down with a professional. That person can help you see all of this objectively, determine if a claim exists and whether they can be of service, and help you move ahead with any potential case.
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What is a Graham County Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover money 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the lawyer may file a lawsuit in response. But what cases does a personal injury attorney take?
The PIL generally tackles a large variety of cases that can be divided into two primary categories. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the intentional tort case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last 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 will end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award sooner rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 attorney 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, 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 to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Graham County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!