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Things a Car Accident Lawyer does:
Has a loved one or you been injured either in an accident or through the negligence of someone? Sure, sometimes incidents can be settled through insurance or through a small claims case. Every once in a while it can be best to drop it and move on.
But sometimes you could use someone to have your back. Someone that will really gun for you. A professional who will really fight on your side. Those are the times you really should have a Prescott personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is very hard. However, remaining calm and logical can be the difference between getting the best price or going home broke.
An experienced Prescott personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even understand the implications of the situation until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Prescott Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually tackles a wide variety of cases that can be separated into two main groups. 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 a person.
The second main study of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. 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 last steps of the process aren’t so simple. The injured party can send back a 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 unacceptable that a claim could potentially end up in court.
But it is rare 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 unnecessary legal fees. If the other party 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 on the down low. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment 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 anything else that is necessary to win a legal battle.
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 in the best interest of either party. The accusing party 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 claim completely 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney 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 incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim 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 to everything proposed, 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 partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Prescott
Here at DeLozier Law, we have many 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!