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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you been hurt in an accident or through the negligence of someone? There are times problems can be solved through insurance or through a small claims court. Occasionally it can be best to walk it off and move forward.
But perhaps you really could use someone to take your side. Someone who will really fight for your case. A person who can fight for your side. Those are the times you really must have a Winslow personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being hurt in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But keeping calm and collected can make the difference between getting the proper price that you deserve or quitting the case worse off than before.
An experienced Winslow personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the potential consequences of what’s happening until sitting down with a legal professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Winslow Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
The PIL generally 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, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary study of a PIL is the purposely executed tort case. An intentional tort happens when one person purposefully injures 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 basically endless.
In addition, which is different than most other fields of the legal universe, PILs almost 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 solely 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 could 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 totally unacceptable that a case could potentially end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally aware that they are at fault for the incident that led to the claim, they would 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 down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment in the near term rather than down the road. 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 win a legal battle.
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 for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 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 suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Winslow
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!