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What a Auto Accident Lawyers Near Me does:
Have you or a loved one been injured in an accident or through the negligence of someone? Sometimes things can be determined by personal insurance or through a small claims case. Occasionally it can be 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 spending your valuable time on.
But at times you need someone to have your back. Someone who will gun for your cause. A professional who can really fight for your side. Those are the times you really should have a Prescott personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an emotional time, and seeing the situation objectively is challenging. But keeping cool and logically oriented can be the difference between getting the appropriate compensation or going home a permanently awful situation.
An experienced Prescott personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the implications of the situation until talking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Prescott Auto Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all their potential resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation falls through, the lawyer could fie a lawsuit in response. But what cases does a personal injury attorney accept?
The PIL generally takes a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 someone else.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of law, personal injury attorneys nearly always 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 Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case will end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is fully 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 award 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. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award 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 go through the never-ending 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 of benefit to either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 formed 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 requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Auto Accident Lawyers Near Me in Prescott
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!