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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become injured either in an accident or by way of the negligence of someone? Sure, sometimes things can be determined through personal insurance or through a small claims case. If it is not worth fighting for it can be a good idea to drop it and get on with your life.
But there are times you need someone to take your side. Someone who will gun for your cause. A person who can really fight on your side. Those are the times you really must have a Pinetop-Lakeside personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is difficult. But keeping cool and logical can make the difference between receiving the fair compensation or dropping the case with no money.
A successful Pinetop-Lakeside personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the breadth of what could happen until speaking with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether or not they can be of service, and help you move ahead with the process of any potential case.
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What is a Pinetop-Lakeside Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person could hire a personal injury professional when said dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer accept?
The PIL usually handles a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 another person.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up in court.
But 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 costs. If the liable party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may just not want to complete 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 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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum 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 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 built a case, they draft and send an official letter of demand to the opposing party. 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 a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or 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 Negligence Car Accident Attorney Near Me in Pinetop-Lakeside
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!