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Things a Car Accidents Caused by Negligence Lawyer does:
Have you or a loved one become hurt either in an accident or by way of the willful neglect of others? Sure, sometimes problems can be settled through personal insurance or through a small claims case. Every once in a while it’s best to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to take your side. Someone that will gun for your cause. A person who can fight for your side. Those are the times you really should have a Surprise personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is challenging. However, remaining calm and collected can be the difference between getting the proper payment or quitting the case with no recourse.
An experienced Surprise personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even get the breadth of what could happen until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and whether or not they can be of service, and help you move ahead with any possible claim.
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What is a Surprise Car Accidents Caused by Negligence Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be found, research 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 may first try to negotiate a settlement in the case. If that negotiation falls through, the attorney could fie a lawsuit in response. But what cases does a personal injury lawyer take?
The PIL generally takes a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 someone else.
The second main study of a PIL is the purposely executed tort case. An intentional tort occurs when someone willfully 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 potential reasons for a personal injury case is nearly endless.
In addition, and completely different from most other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. 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 could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may 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 a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than later. 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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 finding 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 occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them 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 further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Surprise
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!