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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one become hurt either in an accident or by way of the negligence of someone? Sometimes problems can be dealt with through personal insurance or through a small claims court. Occasionally it can be a good idea to drop it and move on.
But there are times you could use someone to take your side. Someone who will really fight for you. Someone who can fight for your side. That’s when you really should retain a Phoenix personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident occurred.
Being hurt in a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing the situation objectively is challenging. But keeping cool and collected can be the difference between receiving the proper payment that you deserve or quitting the case a permanently awful situation.
A successful Phoenix 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 challenging legal system. Most people may not even get the implications of what might occur until speaking with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Phoenix Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for 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 initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
The PIL generally tackles a wide variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused 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 several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is 100% 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 settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many 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 compensation sooner rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides 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 settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Red light Car Accident Attorney near Me in Phoenix
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 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!