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Duties of a Auto Accident Lawyers Near Me:
But there are times you really could use someone to have your back. Someone that will gun for your cause. A person who can fight on your side. Then you really should have a Arizona personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is difficult. However, keeping cool and collected can make the difference between receiving the fair price that you deserve or quitting the case feeling horrible.
An experienced Arizona personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the full breadth of what might occur until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible case.
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What is a Arizona Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for 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 another civil attorney is hired by the defendant. In the case of bodily injury, the injured party might hire a personal injury professional when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
The PIL generally handles a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten 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 Are the Implications 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 receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up going to 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment sooner rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 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 required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Auto Accident Lawyers Near Me in Arizona
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 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!