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Things a Car Accident Lawyer does:
Have you or a loved one been hurt either in an accident or through the willful negligence of others? Sometimes things can be settled by personal insurance or through a small claims case. Occasionally it can be best to forget about 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 have your back. Someone that will really fight for you. A professional who will fight for your side. Then you really must have a Williams personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the injury happened.
Being the victim of a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and seeing things objectively is difficult. But keeping calm and collected can make the difference between getting the appropriate compensation or quitting the case worse off than before.
A great Williams 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 implications of what might occur until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with the process of any possible claim.
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What is a Williams Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury attorney take?
A PIL usually takes a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons 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 professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a 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 unacceptable that a claim may end up in front of a judge.
However, 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 unneeded legal fees. If the other party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation 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 exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation for either. The plaintiff would 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.
What are the Personal Injury Lawyer’s Duties?
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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case 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 Williams
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!