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Duties of a Car Accident Lawyer:
But maybe you need someone to take your side. Someone who will gun for your case. A person who can really fight for your side. Those are the times you really should have a Sedona personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, remaining cool and collected can be the difference between receiving the appropriate compensation or dropping the case with no money.
A great Sedona personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even comprehend the full breadth of the situation until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with the process of any possible claim.
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What is a Sedona Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person could hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury attorney take?
The PIL generally handles a large variety of cases that can be separated into two main fields. 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 uncaring state or incompetence of someone else.
The other main field of a PIL is the purposely executed injustice case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in 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 Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may end up going to trial.
But it is unusual 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 costs. If the defending party is fully 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 on the down low. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain up in the air 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 ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 the best situation. The plaintiff 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 court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of locating 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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely 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, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Sedona
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!