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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one been injured in an accident or by way of the willful negligence of others? Sure, sometimes incidents can be solved by personal insurance or through a small claims case. If it is extremely minor it’s probably a good idea to drop it and get on with your life.
But maybe you could use someone to take your side. Someone who will really gun for your cause. A person who can really fight for your side. That’s when you really should have a Winslow personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, keeping cool and collected can be the difference between getting the best payment that you deserve or dropping the case broke.
A successful Winslow personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even understand the facts of what might occur until sitting down with a professional. An attorney can help you see all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move ahead with any potential claim or case.
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What is a Winslow Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney can file a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL usually tackles a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second main field of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. 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 these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is completely 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 award 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 big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want 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 simply not want to finish 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 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. The accusing party 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 claim completely or having a judge or jury give 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Red light Car Accident Attorney near Me in Winslow
Here at DeLozier Law, we have many 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!