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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or through the negligence of someone? There are times problems can be determined through personal insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But perhaps you need someone to take your side. Someone who will fight for you. A person who will fight on your side. Then you really must have a Cottonwood personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life before the incident happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s a very trying time, and being objective is difficult. But remaining calm and collected can make the difference between getting the appropriate payment that you deserve or quitting the case empty handed.
A Cottonwood personal injury attorney can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. Many people may not even realize the potential consequences of what might occur until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Cottonwood Common Carrier Accident Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover money 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to the claim, and use all their available 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 lawyer can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney accept?
A PIL usually tackles a large number of cases that can be separated into two primary groups. 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 negligence or incompetence of another.
The second main field of a PIL is the intentional tort case. An intentional tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in 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 Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim could potentially end up in court.
However, 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 unneeded legal fees. If the other party is totally 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 give 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. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term rather than later. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
And finally, settlement allows the injured party 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 may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Cottonwood
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 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!