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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? Sometimes problems can be worked out through insurance or through a small claims case. If it is very minor it’s probably a good idea to drop it and move on.
But maybe you really need someone to take your side. Someone that will gun for your cause. A professional who can fight for your side. That’s when you really must have a Avondale personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is nearly impossible. However, staying calm and logical can be the difference between getting the fair compensation or leaving the case with no money.
A great Avondale personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of what could happen until sitting down with a legal professional. That person can help you see all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with any possible claim.
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What is a Avondale Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 lawyer is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, 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 entitled to. They will confront all witnesses that can be found, research any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take?
The PIL generally tackles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second primary study of a PIL is the intentional tort case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other fields 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 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 could 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 totally unacceptable that a case could potentially end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary 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 settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled 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 never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 the best situation. The accusing party may in many cases rather settle for a little 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 award a much lesser amount.
What are the Personal Injury Lawyer’s 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
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 to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the 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 go to court.
Choose the Successful Red light Car Accident Attorney near Me in Avondale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!