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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become injured in an accident or by way of the willful neglect of others? There are times problems can be solved through insurance or through a small claims case. If it is extremely minor it can be probably best to forget about it and move on.
But at times you could use someone to take your side. Someone who will really gun for your case. A person who can really fight for your side. That’s when you really should retain a Somerton personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and collected can make the difference between getting the proper payment that you deserve or quitting the case with nothing.
A Somerton personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. Most people may not even realize the full breadth of what might occur until discussing the matter with a professional. That person can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with any possible case.
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What is a Somerton Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover money 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation falls through, the legal professional could fie a lawsuit in response. But what cases would a personal injury lawyer take on?
The PIL generally handles a large number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposefully hurts 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 essentially endless.
In addition, and completely different from most other fields of the legal universe, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there is 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 last steps of the process aren’t necessarily easy. The injured party can 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 case may end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people. A big trial brings big publicity. 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 confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the never-ending 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 holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding 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 detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Somerton
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 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!