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Duties of a Car Accident Lawyer:
Have you or a loved one become injured either in an accident or through the willful negligence of others? There are times problems can be determined by insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and move forward.
But maybe you need someone to take your side. Someone that will gun for your cause. A person who will fight for your side. Then you really must have a Somerton personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing things objectively is hard. But staying cool and logical can be the difference between receiving the best price that you deserve or dropping the case with a situation that you will not like.
An experienced Somerton personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Most people may not even realize the implications of what’s happening until conversing with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Somerton Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash 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 someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents related to the claim, and use all their possible 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 lawyer may consider filing a lawsuit in response. But what cases would a personal injury lawyer take?
A PIL generally tackles a wide variety of cases that can be divided into two primary categories. 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 uncaring state or incompetence of someone else.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation sooner rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Somerton
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!