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Duties of a Car Accident Lawyer:
Have you or a loved one become injured in an accident or through the willful negligence of someone? There are times problems can be resolved by personal insurance or through a small claims case. 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 .
But sometimes you really need someone to have your back. Someone who will fight for you. A person who will really fight for your side. Those are the times you really should retain a Paradise Valley personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being the victim of a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is challenging. However, remaining calm and logically oriented can make the difference between getting the best payment that you deserve or going home with nothing.
A Paradise Valley personal injury attorney can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even get the implications of what might occur until conversing with a professional. An attorney can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any potential case.
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What is a Paradise Valley Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for 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 lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take?
A PIL usually tackles a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of the legal world, personal injury attorneys 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is totally 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile 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 non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Paradise Valley
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 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!