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Has a loved one or you been injured in an accident or by way of the negligence of others? Many times incidents can be resolved by personal insurance or through a small claims court. If it is very minor it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to take your side. Someone who will really gun for you. Someone who can really fight for your side. Those are the times you really must have a Avondale personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is challenging. However, keeping calm and logically oriented can make the difference between receiving the best compensation or going home with no settlement.
An experienced Avondale personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even fully realize the implications of the situation until talking with a professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any potential case.
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What is a Avondale Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually hired 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases does a personal injury lawyer accept?
A PIL usually 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, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is 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 only upon 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 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 case may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible 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 simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built 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 demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to court. This is determined by how much the other party 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 of the terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Avondale
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!