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What a Car Accident Lawyer does:
Have you or a loved one become injured either in an accident or by way of the negligence of others? Sometimes issues can be settled by insurance or through a small claims court. If it is very minor it can be a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to get your back. Someone who will really fight for you. Someone who will fight for your side. Those are the times you really need a Sierra Vista personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and seeing things objectively is nearly impossible. But remaining calm and logical can make the difference between receiving the best compensation or dropping the case with no settlement.
A successful Sierra Vista personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the facts of what’s happening until conversing with a professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with any potential case.
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What is a Sierra Vista Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person could hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
The PIL generally handles a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal universe, PILs 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 overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these 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 can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 for either. The plaintiff may in many cases rather settle for 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation works out, chooses if they will push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Sierra Vista
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!