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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become injured in an accident or through the negligence of others? Sure, sometimes problems can be worked out through personal insurance or through a small claims case. If it is extremely minor it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you could use someone to have your back. Someone who will gun for you. Someone who will fight on your side. Then you really should retain a Yavapai County personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is difficult. However, remaining calm and collected can make the difference between receiving the appropriate payment that you deserve or leaving the case with no money.
A successful Yavapai County personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even comprehend the full breadth of what’s happening until speaking with a legal professional. An attorney can help you see all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with any possible claim.
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What is a Yavapai County Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of 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 begin the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
The PIL usually takes a large number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, unlike nearly all other areas of law, 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 should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last 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 do not get agreed upon or an offer is totally unacceptable that a personal injury 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they might 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 DL. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award 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 just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
And lastly, 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 what either party wants. The plaintiff may in many cases 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 award 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 attorney 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 lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Yavapai County
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!