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Things a Car Accident Lawyer does:
Have you or a loved one become hurt either in an accident or through the willful negligence of someone? At times incidents can be solved by insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you could use someone to take your side. Someone who will gun for your case. A professional who will fight for your side. Those are the times you really must have a La Paz County personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But remaining calm and logically oriented can make the difference between getting the fair payment or dropping the case with your tail between your legs.
A great La Paz County personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until speaking with a professional. That person can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a La Paz County Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents in relation to the case, and use all their potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
The PIL generally takes a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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 second primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon 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 could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim can end up going to court.
However, it is rare 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 liable party is 100% 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 settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to finish the exhausting 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the 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 PIL 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, 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 Car Accident Lawyer in La Paz County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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 602-989-1759!