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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or through the negligence of others? Sometimes incidents can be determined by personal insurance or through a small claims court. Every once in a while it’s probably best to forget about it and move forward.
But sometimes you really need someone to take your side. Someone that will really fight for you. Someone who can really fight on your side. Then you really should have a Apache County personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and being objective is hard. But staying calm and logically oriented can be the difference between getting the best payment that you deserve or quitting the case with a situation you will never recover from.
An experienced Apache County personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even get the breadth of what might occur until discussing the matter 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 forward with any potential case.
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What is a Apache County Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and more.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
A PIL usually takes a large variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 negligence or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. 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 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 unacceptable that a personal injury claim can end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want 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 just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything 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 plaintiff may in many cases 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 claim completely or having a judge or jury award 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Apache County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!