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Things a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been injured in an accident or through the neglect of someone? Many times incidents can be worked out by personal insurance or through a small claims court. Occasionally it’s probably best to forget about it and move forward.
But at times you really need someone to take your side. Someone that will really fight for your cause. A professional who will fight on your side. Then you really should retain a Mesa personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the incident happened.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is challenging. However, remaining calm and logical can be the difference between getting the best payment or dropping the case with a situation you will never recover from.
An experienced Mesa personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even get the potential consequences of what’s happening until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine the claim and whether they can be of service, and help you move forward with any possible case.
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What is a Mesa Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments 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 attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the attorney 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, get any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
A PIL usually takes a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of law, personal injury lawyers 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 wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case could potentially end up going to court.
However, it is rare 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 costs. If the party that is liable is fully 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney Near Me in Mesa
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!