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Duties of a Car Accident Lawyer:
Have you or a loved one become hurt in an accident or by way of the willful neglect of others? At times issues can be resolved by insurance or through a small claims court. Occasionally it’s best to drop it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you need someone to take your side. Someone who will really fight for you. A professional who will fight for your side. Those are the times you really should have a Surprise personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the injury occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and being objective is challenging. But staying calm and logically oriented can be the difference between receiving the appropriate compensation or going home with a situation you will never recover from.
A great Surprise personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Many people may not even realize the potential consequences of what might occur until sitting down with a professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and how 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 Surprise Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally retained 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person may retain a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and more.
After the attorney has been retained, they will gather everything for 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 case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what cases could a personal injury attorney take on?
The PIL generally handles a wide 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 negligence or incompetence of someone else.
The other main study of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone purposefully 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 possible causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last 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 just flat-out refused that a claim may end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply 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 lastly, 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of gathering 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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Surprise
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!