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Duties of a Car Accident Lawyer:
Has a loved one or you become hurt either in an accident or through the willful neglect of others? There are times issues can be settled by personal insurance or through a small claims court. If it is extremely minor it can be best to walk it off and get on with your life.
But there are times you really need someone to take your side. Someone who will really gun for your cause. A person who will really fight for your side. Sometimes you really should retain a Chandler personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and being objective is difficult. But remaining calm and logical can be the difference between receiving the proper compensation or quitting the case broke.
A successful Chandler personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even get the facts of what’s happening until sitting down with a professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any possible claim or case.
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What is a Chandler Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for 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 start the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
A PIL generally handles a large number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 a person.
The second primary study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 just flat-out refused that a personal injury claim will 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 variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner 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 complete 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 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 would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of getting 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 defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Chandler
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!