Top Rated Car Accidents Caused by Negligence Lawyer in Cave Creek For 2024
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Things a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you become hurt in an accident or through the negligence of others? Sure, sometimes problems can be determined by insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you need someone to take your side. Someone who will really fight for your cause. A professional who can fight for your side. That’s when you really must have a Cave Creek personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is nearly impossible. But keeping cool and collected can make the difference between receiving the fair payment that you deserve or going home with a situation you will never recover from.
An experienced Cave Creek personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. Most people may not even fully realize the full breadth of what’s happening until speaking with a professional. That person can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Cave Creek Car Accidents Caused by Negligence Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the attorney can file a lawsuit in response. But what cases would a personal injury lawyer fight for?
The PIL generally handles a wide variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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.
The second primary study of a PIL is the intentional wrongful case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is 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 can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up going to court.
However, it is unusual 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 defending 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 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 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 parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible 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 simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim 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. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Cave Creek
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!