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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been injured either in an accident or by way of the willful negligence of others? There are times incidents can be solved by insurance or through a small claims case. Every once in a while it’s a good idea to drop it and move on.
But there are times you could use someone to have your back. Someone who will fight for your cause. A professional who can fight for your side. That’s when you really must have a Pinal County personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is difficult. However, staying calm and logically oriented can make the difference between receiving the appropriate price or going home broke.
A great Pinal County personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even fully realize the potential consequences of what could happen until sitting down with a professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Pinal County Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are usually retained 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 another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with 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 he or she may first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL generally handles a large variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main study of a PIL is the intentional tort case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 unacceptable that a case will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party 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 court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement, 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 Pinal County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!