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Things a Negligence Car Accident Attorney Near Me does:
But there are times you could use someone to have your back. Someone who will really fight for you. Someone who will fight on your side. Those are the times you really should retain a Willcox personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back to your life prior to when the incident happened.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is very hard. But keeping cool and logically oriented can make the difference between getting the fair payment or leaving the case with your tail between your legs.
An experienced Willcox personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. Most people may not even fully realize the breadth of what might occur until speaking with a professional. That person can help you realize all of this objectively, determine if a potential claim exists and how they can be of service, and help you move ahead with any potential claim or case.
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What is a Willcox Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover money 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 attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer take on?
The PIL usually takes a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second main study of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon 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 send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. 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 everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award sooner rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, 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 of benefit to either party. The plaintiff would 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.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has built 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 demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides 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. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Willcox
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 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!