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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been injured in an accident or through the negligence of someone? At times issues can be dealt with by personal insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to get your back. Someone who will fight for your case. A professional who will really fight on your side. Then you really must have a Navajo County personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. However, keeping calm and collected can make the difference between getting the proper price or going home with no money.
A great Navajo County personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the full breadth of the situation until speaking with a legal professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with the process of any potential claim.
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What is a Navajo County Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
The PIL generally takes a large variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated injustice 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 potential causes for a personal injury case is nearly endless.
In addition, separate from most other areas of the legal world, personal injury professionals 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 strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case can end up in front of a judge.
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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party 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 low profile. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy 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 payment sooner rather than down the road. Or they may just not want to go through 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 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Navajo County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!