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What a Car Accident Lawyer does:
Has a loved one or you become hurt in an accident or through the willful negligence of others? At times problems can be dealt with through insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and move on.
But at times you could use someone to take your side. Someone that will gun for your cause. A professional who will really fight on your side. That’s when you really must have a Quartzsite personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is challenging. But keeping calm and logically oriented can be the difference between getting the fair price or dropping the case broke.
An experienced Quartzsite personal injury professional can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Many people may not even fully realize the full breadth of what might occur until sitting down with a professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move ahead with the process of any potential case.
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What is a Quartzsite Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party will retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and more.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases can a personal injury attorney accept?
A PIL generally takes a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury lawyers generally 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 beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly 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 necessarily easy. 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 totally unacceptable that a personal injury claim may very well end up in front of a judge.
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 costs. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want 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 just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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. 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 award a much lesser amount.
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Quartzsite
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 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!