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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been hurt either in an accident or by way of the neglect of others? There are times problems can be worked out through personal insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth spending your time on.
But there are times you really need someone to have your back. Someone that will really fight for your case. Someone who can really fight for your side. Sometimes you really need a Sierra Vista personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is challenging. But remaining calm and collected can be the difference between receiving the fair payment or dropping the case worse off than before.
An experienced Sierra Vista personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even understand the potential consequences of what could happen until speaking with a professional. An attorney can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with the process of any possible case.
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What is a Sierra Vista Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party may retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
A PIL usually tackles a large number of cases that fall into two main groups. 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 second primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is totally 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 or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than down the road. 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 required to beat the claim.
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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Sierra Vista
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!