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What a Car Accident Lawyer does:
Have you or a loved one been injured either in an accident or through the willful negligence of others? Sure, sometimes incidents can be dealt with by insurance or through a small claims case. If it is extremely minor it’s probably best to forget about it and move forward.
But maybe you really need someone to take your side. Someone that will really gun for your cause. A person who can really fight on your side. Then you really should retain a Glendale AZ personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and collected can make the difference between receiving the fair payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Glendale AZ personal injury attorney can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. Many people may not even fully realize the implications of what might occur until talking with a legal professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Glendale AZ Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other assets 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 lawyer 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 person will hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation fails, the legal professional can file a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL generally tackles a wide number of cases falling into two primary fields. 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 negligence or incompetence of another.
The other primary field of a PIL is the purposefully perpetrated tort case. An intentional 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. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, and in contrast to most other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a claim will end up in court.
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 unneeded legal costs. If the other party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or only is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Glendale AZ
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!