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Duties of a Car Accident Lawyer:
Has a loved one or you been hurt either in an accident or by way of the neglect of others? Sometimes problems can be determined by personal insurance or through a small claims case. Occasionally it can be best to walk it off and get on with your life.
But there are times you need someone to get your back. Someone that will really fight for you. A person who can fight for your side. Then you really should retain a Superior personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is challenging. However, keeping cool and logically oriented can be the difference between getting the best payment that you deserve or quitting the case empty handed.
An experienced Superior personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the implications of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible case.
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What is a Superior Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity for 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 begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what cases does a personal injury attorney take?
A PIL usually takes 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, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. 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 the final 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a claim may end up going to 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Not only that, if there are any 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 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 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 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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim to court. 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 Superior
Here at DeLozier Law, we have over 4 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!