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What a Red light Car Accident Attorney near Me does:
But maybe you really need someone to have your back. Someone that will fight for you. A professional who can really fight on your side. Those are the times you really must have a Apache Junction personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying calm and logically oriented can be the difference between receiving the appropriate payment or quitting the case with nothing.
A Apache Junction personal injury professional can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the full breadth of what might occur until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any potential case.
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What is a Apache Junction Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena 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 for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person will retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents in relation to the claim, 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 may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
A PIL generally tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting 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 case may end up in court.
But it is rare 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 fees. If the defending party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to 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. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term 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 never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
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 legal professional has formed 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 requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, 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 Apache Junction
Here at DeLozier Law, we have over 4 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!