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Duties of a Car Accident Lawyer:
But sometimes you need someone to have your back. Someone that will gun for you. Someone who can really fight for your side. Those are the times you really should have a Nogales personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is challenging. But keeping calm and logical can make the difference between getting the appropriate payment that you deserve or leaving the case with no settlement.
A Nogales personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the implications of the situation until sitting down with a professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Nogales Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets 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 begin the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
The PIL generally tackles a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 uncaring state or incompetence of a person.
The other primary field of a PIL is the intentional tort case. A purposeful tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal world, PILs 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 otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving 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 claim may very well 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 unneeded legal costs. If the party that is liable 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner rather than later. Or they may just not want to go through the never-ending 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 in the best interest of either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees, 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 Car Accident Lawyer in Nogales
Here at DeLozier Law, we have over 4 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!