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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become injured in an accident or through the negligence of others? At times things can be worked out through insurance or through a small claims case. Occasionally it can be best to drop it and get on with your life.
But at times you need someone to get your back. Someone who will really gun for you. A person who can fight for your side. Those are the times you really should have a Sahuarita personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is difficult. But keeping calm and logically oriented can be the difference between receiving the fair price that you deserve or dropping the case with a situation you will never recover from.
An experienced Sahuarita personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of what might occur until conversing with a legal professional. That person can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with any possible claim or case.
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What is a Sahuarita Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally 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 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 party will retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL generally handles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury professionals almost 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 should be no upfront payment, for consultation or any other service. 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 final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-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 all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 in the best interest of either party. The accusing party may in many cases rather settle for a little 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 give a much lesser amount.
What are the PIL 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, 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 go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Sahuarita
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!