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Duties of a Car Accident Lawyer:
Has a loved one or you been hurt in an accident or through the willful negligence of others? Many times things can be determined by insurance or through a small claims case. If it is extremely minor it’s probably best to drop it and move on.
But at times you need someone to get your back. Someone who will fight for you. A person who will fight on your side. That’s when you really need a Yavapai County personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or negligence is not ever fun. It’s a very trying time, and being objective is very hard. However, remaining cool and collected can be the difference between getting the best price or dropping the case feeling incompetent.
An experienced Yavapai County personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even fully realize the breadth of what’s happening until discussing the matter with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any possible case.
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What is a Yavapai County Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity for 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 start the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases would a personal injury lawyer fight for?
A PIL usually tackles a wide variety of cases that can be divided into two primary categories. 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 negligence or incompetence of a person.
The other 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. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of law, personal injury attorneys 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 won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case will end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases 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 award in the near term rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the 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 Tasks?
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 lawyer 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 lawyer may attempt to negotiate the settlement, and depending on how the negotiation works out, chooses whether or not 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 Yavapai County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!