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Duties of a Car Accident Lawyer:
But sometimes you need someone to get your back. Someone that will really fight for your cause. A person who will really fight for your side. Those are the times you really need a Willcox 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 incident occurred.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is challenging. However, keeping cool and logical can make the difference between getting the appropriate compensation or going home feeling incompetent.
A successful Willcox personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the facts of what’s happening until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Willcox Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what cases does a personal injury lawyer take?
A PIL usually handles a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field of a PIL is the intentional tort case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other areas of law, personal injury attorneys 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 any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be 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 in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case 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 a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable 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 settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
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 probably wants financial compensation sooner 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 ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely 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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Willcox
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and helped them get the settlement they needed and 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!