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Duties of a Car Accident Lawyer:
Has a loved one or you become hurt either in an accident or by way of the willful negligence of others? Sometimes issues can be dealt with by insurance or through a small claims case. Every once in a while it’s best to drop it and get on with your life.
But there are times you need someone to take your side. Someone that will gun for your case. Someone who can fight on your side. That’s when you really need a Navajo County personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing the situation objectively is difficult. But staying calm and collected can make the difference between getting the proper compensation that you deserve or going home empty handed.
A great Navajo County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what’s happening until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move ahead with the process of any possible case.
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What is a Navajo County Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
A PIL usually takes a large number 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 neglect, and wrongful death cases. 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 wrongful case. An intentional tort occurs when someone intentionally 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 essentially endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially end up going to court.
But 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 unnecessary legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they probably do 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 on the down low. This is especially important for high profile 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 everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award in the near term rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 in the best interest of either party. The plaintiff would 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 claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. 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 others or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Navajo 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!