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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become injured in an accident or through the neglect of someone? At times problems can be determined by insurance or through a small claims case. Every once in a while it’s a good idea to drop it and move forward.
But sometimes you could use someone to take your side. Someone who will really gun for your cause. A professional who will fight on your side. Those are the times you really should have a El Mirage personal injury lawyer that will fight for your rights, both financial and personal, 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 never enjoyable. It’s an emotional roller coaster, and seeing things objectively is hard. However, keeping calm and collected can make the difference between receiving the proper price that you deserve or dropping the case with your tail between your legs.
An experienced El Mirage personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even comprehend the breadth of what’s happening until talking with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move forward with the process of any potential claim.
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What is a El Mirage Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what cases could a personal injury lawyer take?
A PIL generally takes a wide variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of law, personal injury lawyers nearly always work on a contingency fee basis. What this means is 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 financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim could potentially end up in court.
However, it is unusual 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 fees. If the liable party is 100% 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation 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 go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to 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 to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in El Mirage
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!