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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been injured either in an accident or by way of the willful negligence of others? Sure, sometimes problems can be solved by insurance or through a small claims case. If it is extremely minor it’s probably best to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to get your back. Someone that will gun for your case. Someone who will really fight on your side. Then you really must have a Avondale personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is nearly impossible. However, remaining cool and logical can make the difference between receiving the appropriate payment or dropping the case a permanently awful situation.
An experienced Avondale personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the full breadth of what might occur until sitting down with a legal professional. That person can help you see all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move ahead with any potential claim or case.
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What is a Avondale Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
The PIL usually tackles a wide variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, separate from most other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be 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 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case may end up in front of a judge.
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 unneeded legal costs. If the defending 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 Personal Injury Lawyer’s Duties?
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 legal professional 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 suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim to trial. 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 no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Avondale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!