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Duties of a Car Accident Lawyer:
Has a loved one or you become hurt in an accident or by way of the neglect of others? At times incidents can be dealt with through personal insurance or through a small claims case. If it is extremely minor it can be probably best to walk it off and get on with your life.
But maybe you really could use someone to have your back. Someone that will fight for you. A professional who will fight for your side. Sometimes you really must have a Mohave County personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, remaining calm and collected can be the difference between receiving the fair payment that you deserve or going home with no money.
A Mohave County personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the breadth of what’s happening until conversing with a professional. A lawyer can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with any potential claim.
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What is a Mohave County Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
A PIL usually tackles a large variety of cases that fall into two primary groups. 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 negligence or incompetence of someone.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 counteroffer if they feel they are not receiving enough 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 court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 of benefit to either party. The plaintiff may in many cases rather settle for 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 award a much lesser amount.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the claim to trial. This is determined by how much the other party 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 file a court case. If the other party agrees to some of the terms but not others 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 further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Mohave County
Here at DeLozier Law, we have many 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!