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Duties of a Car Accident Lawyer:
But there are times you could use someone to take your side. Someone who will fight for your case. A person who will really fight on your side. That’s when you really should retain a Arizona personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is difficult. However, remaining cool and logically oriented can make the difference between receiving the appropriate compensation that you deserve or going home with no settlement.
An experienced Arizona personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even understand the full breadth of the situation until conversing with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Arizona Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person might hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
A PIL generally takes a large number of cases that fall into two primary groups. 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 negligence or incompetence of another.
The other primary study of a PIL is the purposely executed 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. Considering everything mentioned here, the potential causes for a personal injury case is basically endless.
In addition, and in contrast to most other fields of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a 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 unacceptable that a claim may very well 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party 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 settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And finally, 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 plaintiff may in many cases rather settle for a little 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 Tasks?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Arizona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!