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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the willful negligence of someone? Many times issues can be resolved through insurance or through a small claims case. Occasionally it’s best to walk it off and get on with your life.
But sometimes you really could use someone to get your back. Someone that will gun for you. A professional who can really fight on your side. Then you really should have a Chandler personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is challenging. However, staying cool and collected can make the difference between getting the fair compensation that you deserve or dropping the case with a situation you will never recover from.
A successful Chandler personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Many people may not even fully realize the breadth of what might occur until conversing with a professional. An attorney can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Chandler Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 begin the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what cases does a personal injury attorney take?
A PIL generally tackles a large number of cases falling 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 someone.
The second main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of law, PILs nearly always work on a contingency fee basis. This means 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 any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up in court.
But 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 unnecessary legal fees. If the defending party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted 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 an additional length of time. The plaintiff may want 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 finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Chandler
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!