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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been injured in an accident or by way of the willful negligence of others? There are times issues can be resolved through insurance or through a small claims court. Every once in a while it can be probably a good idea to drop it and get on with your life.
But at times you really could use someone to get your back. Someone that will gun for you. A person who will really fight for your side. Sometimes you really should have a Lake Havasu City personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and seeing things objectively is difficult. But staying cool and logical can be the difference between receiving the fair payment that you deserve or leaving the case a permanently awful situation.
An experienced Lake Havasu City personal injury professional can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Many people may not even realize the implications of what’s happening until conversing with a legal professional. That person can help you see all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Lake Havasu City Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury 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, get any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases does a personal injury attorney take?
A PIL usually takes a wide variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 another.
The second main study of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to most other fields of law, personal injury attorneys usually 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 should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim can end up going to trial.
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 costs. If the party that is liable 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 settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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. 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 taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely 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 is in partial agreement, 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 Lake Havasu City
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!