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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become hurt either in an accident or by way of the willful negligence of others? Many times things can be resolved through personal insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and move forward.
But at times you really could use someone to have your back. Someone that will really fight for your case. A professional who will really fight for your side. Sometimes you really should retain a Mohave County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being hurt in a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing things objectively is difficult. However, keeping cool and collected can be the difference between getting the best payment that you deserve or going home broke.
An experienced Mohave County personal injury lawyer can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what could happen until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with the process of any possible claim.
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What is a Mohave County Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL usually handles a large 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, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the intentional tort case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of law, PILs 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 has beaten 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 Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 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 provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than having to wait. Or they may simply 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 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 what either party wants. The plaintiff would rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 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 claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, 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 Mohave 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 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!