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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been injured either in an accident or through the neglect of someone? Many times issues can be worked out through personal insurance or through a small claims case. Occasionally it’s a good idea to forget about it and get on with your life.
But perhaps you really could use someone to take your side. Someone that will really gun for your case. A person who can fight for your side. Sometimes you really must have a Safford personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is difficult. However, keeping calm and collected can make the difference between receiving the fair payment that you deserve or leaving the case empty handed.
An experienced Safford personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. Most people may not even fully realize the breadth of what’s happening until sitting down with a legal professional. A legal adviser can help you see 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 the process of any potential claim.
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What is a Safford Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
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 are available, get any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL generally takes a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone.
The other main study of a PIL is the intentional wrongful case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is essentially endless.
In addition, and completely different from most other areas of law, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim could potentially end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is fully 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 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 publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone 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 months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants 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 complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 in the best interest of either party. The accusing party would 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 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. 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 determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Safford
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 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!