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Things a Common Carrier Accident Injury Lawyer Near Me does:
Has a loved one or you become injured in an accident or through the willful neglect of others? Sometimes issues can be determined through personal insurance or through a small claims court. Occasionally it can be best to forget about it and get on with your life.
But there are times you really could use someone to get your back. Someone that will gun for your case. A person who will really fight on your side. Sometimes you really should retain a Flagstaff personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an emotional time, and being objective is nearly impossible. But remaining cool and logical can make the difference between receiving the appropriate payment that you deserve or dropping the case with nothing.
An experienced Flagstaff personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the potential consequences of what might occur until sitting down with a legal professional. That person can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with any possible claim or case.
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What is a Flagstaff Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments 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 bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take on?
A PIL usually handles a wide variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 carelessness or incompetence of someone else.
The second main study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields 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 won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 case may very well 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 variety of reasons:
First, a settlement creates 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 would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials 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 award sooner rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Flagstaff
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!