Top Rated Auto Accident Lawyers Near Me in Avondale
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What a Auto Accident Lawyers Near Me does:
Has a loved one or you become injured in an accident or through the neglect of others? At times problems can be solved through insurance or through a small claims court. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to have your back. Someone who will gun for your cause. Someone who will fight for your side. That’s when you really should have a Avondale personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But keeping cool and logically oriented can be the difference between receiving the appropriate payment or quitting the case feeling incompetent.
An experienced Avondale personal injury professional can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the facts of the situation until conversing with a professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move forward with any possible claim.
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What is a Avondale Auto Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
The PIL usually takes 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, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main field of a PIL is the intentional wrongful case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to most other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only 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 so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim can end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, settlement allows the injured party 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 accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 locating 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 opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or partially agrees 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 Avondale
Here at DeLozier Law, we have many 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!