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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been hurt in an accident or through the willful neglect of someone? At times issues can be settled through personal insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and get on with your life.
But maybe you really could use someone to take your side. Someone that will really gun for your case. A person who can fight on your side. Sometimes you really should retain a Maricopa County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is difficult. However, remaining calm and collected can be the difference between getting the proper payment or going home broke.
An experienced Maricopa County personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the breadth of what’s happening until discussing the matter with a legal professional. That person can help you realize all of this objectively, determine the claim and whether or not 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 Maricopa County Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 bring the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation fails, the lawyer may file a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL generally tackles a wide variety of cases that fall into two main 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 uncaring state or incompetence of someone.
The second main study of a PIL is the purposefully perpetrated tort 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 similar situations. As you can see the potential causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully 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 on the down low. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The accusing party would rather settle for a little 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. 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 a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney Near Me in Maricopa County
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 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!