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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you become injured either in an accident or by way of the willful negligence of someone? Sure, sometimes issues can be dealt with through insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to take your side. Someone who will really gun for your cause. Someone who can fight for your side. Then you really must have a Payson 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 unwillingly involved in a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is very hard. However, keeping calm and logically oriented can make the difference between getting the best payment or quitting the case a permanently awful situation.
A Payson personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of what might occur until sitting down with a professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move forward with the process of any possible case.
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What is a Payson Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger 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 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 begin the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to your case, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what cases can a personal injury lawyer fight for?
A PIL usually tackles a large number of cases that fall into two primary 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 carelessness or incompetence of someone.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the 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 so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case could potentially end up in front of a judge.
However, 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known 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 all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to go through the ridiculously long 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 the best situation for either. The accusing party may in many cases rather settle for 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement 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 file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Payson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!