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Things a Car Accident Lawyer does:
Has a loved one or you been injured in an accident or by way of the willful negligence of someone? There are times issues can be dealt with through insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But at times you really need someone to have your back. Someone who will really gun for your cause. Someone who will fight for your side. Those are the times you really should have a Thatcher personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is nearly impossible. However, remaining calm and collected can be the difference between getting the appropriate payment that you deserve or dropping the case with nothing.
An experienced Thatcher personal injury professional can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the facts of what could happen until speaking with a legal professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any possible case.
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What is a Thatcher Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover money 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person will hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL generally tackles a wide number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 negligence or incompetence of someone.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim can end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is 100% 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 settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to 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. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment 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 simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And finally, 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 the best situation. 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
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 in front of a judge. 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 Thatcher
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!