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Duties of a Negligence Car Accident Attorney Near Me:
But at times you really could use someone to take your side. Someone that will really gun for you. A person who can fight on your side. Then you really should retain a Prescott personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident occurred.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and seeing things objectively is very hard. But remaining cool and logical can be the difference between receiving the proper payment or leaving the case with nothing.
An experienced Prescott personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what might occur until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move ahead with any potential case.
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What is a Prescott Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments 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 lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury attorney take?
The PIL generally handles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 negligence or incompetence of someone else.
The other main study of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, unlike most other fields of law, PILs 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 overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case will 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 initiates 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 might 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. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award in the near term 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 complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And finally, 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 would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees 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 go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Prescott
Here at DeLozier Law, we have many 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!