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What a Common Carrier Accident Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or by way of the negligence of someone? Sure, sometimes problems can be worked out through personal insurance or through a small claims court. If it is extremely minor it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone that will really fight for your case. A person who can really fight on your side. That’s when you really should retain 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 happened.
Being victimized by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is difficult. But keeping cool and logical can be the difference between getting the appropriate compensation that you deserve or going home empty handed.
A Avondale personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even realize the facts of what’s happening until speaking with a professional. A legal adviser can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with any possible claim or case.
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What is a Avondale Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the PIL has been retained, they will gather everything in 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 case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
A PIL generally handles a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main field of a PIL is the intentional injustice case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting 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 may very well end up going to court.
However, it is unusual 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 unnecessary legal fees. If the liable party is totally 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. 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 provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 the best situation. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 attorney 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 demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Avondale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!