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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 willful neglect of others? Sure, sometimes things can be settled by personal insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to drop it and move forward.
But at times you really need someone to take your side. Someone that will fight for you. Someone who will really fight for your side. Then you really must have a Greenlee County personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and seeing things objectively is very hard. However, keeping calm and logical can be the difference between receiving the proper compensation that you deserve or quitting the case empty handed.
A successful Greenlee County personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. Many people may not even realize the full breadth of the situation until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with any possible claim or case.
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What is a Greenlee County Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what cases does a personal injury attorney take?
The PIL generally takes a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 second primary study of a PIL is the intentional injustice 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. Considering everything mentioned here, the potential reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may 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 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 totally 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 the best situation for either. The plaintiff may in many cases 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney Near Me in Greenlee County
Here at DeLozier Law, we have many 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!