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Duties of a Auto Accident Lawyers Near Me:
Have you or a loved one been injured in an accident or through the neglect of others? There are times incidents can be worked out by insurance or through a small claims court. If it is not worth fighting for it’s best to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But there are times you could use someone to take your side. Someone who will fight for your cause. A professional who will really fight for your side. Those are the times you really need a Phoenix personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is difficult. But remaining cool and logical can be the difference between receiving the appropriate payment that you deserve or leaving the case with a situation you will never recover from.
An experienced Phoenix personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even realize the implications of what’s happening until conversing with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move forward with any potential claim.
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What is a Phoenix Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person might hire a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
The PIL generally handles a wide number of cases that can be divided into two primary categories. 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 carelessness or incompetence of someone.
The other primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a 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 essentially endless.
In addition, unlike pretty much all 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 or entity that 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 financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a 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 can end up going to court.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is completely 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 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 publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of gathering 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Auto Accident Lawyers Near Me in Phoenix
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!