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Things a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been injured either in an accident or through the negligence of someone? Sometimes incidents can be resolved through personal insurance or through a small claims court. If it is not worth fighting for it’s best to drop it and move forward.
But there are times you could use someone to get your back. Someone who will fight for your cause. A person who will really fight on your side. That’s when you really must have a Arizona personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing things objectively is nearly impossible. But staying calm and collected can be the difference between receiving the fair price or quitting the case broke.
An experienced Arizona personal injury professional can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the potential consequences of what could happen until conversing with a professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Arizona Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually hired to recover cash or other assets 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 another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health issues caused by the injury, and more.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what cases could a personal injury attorney take on?
A PIL generally handles a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of law, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is 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 Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up in court.
However, it is unusual 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 unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award 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 ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Arizona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!