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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? Sometimes things can be solved by insurance or through a small claims court. Every once in a while it can be a good idea to walk it off and get on with your life.
But there are times you really need someone to have your back. Someone who will really gun for you. Someone who can fight for your side. Those are the times you really need a Apache Junction personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, remaining calm and collected can make the difference between getting the proper price that you deserve or quitting the case with no recourse.
A Apache Junction personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even realize the breadth of what’s happening until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move ahead with any possible claim.
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What is a Apache Junction Common Carrier Accident Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
A PIL generally handles 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, 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 purposely executed tort case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of the legal universe, personal injury attorneys nearly 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 is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury 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 lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded 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 might 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 on the down low. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of finding 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 may try to negotiate the settlement, and depending on the outcome of the negotiation, 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 put forth by the plaintiff. 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 terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Apache Junction
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 needed and 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!