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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become injured either in an accident or by way of the neglect of someone? There are times issues can be determined by insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and move on.
But perhaps you really need someone to take your side. Someone who will fight for your case. A person who can fight for your side. Then you really must have a Chandler personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident happened.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, staying cool and logically oriented can make the difference between receiving the fair payment or quitting the case with your tail between your legs.
An experienced Chandler personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the full breadth of the situation until sitting down with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any possible claim or case.
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What is a Chandler Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury professional when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all their potential resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what cases could a personal injury attorney take on?
A PIL usually takes a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 carelessness or incompetence of someone else.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person intentionally 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 reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a case may very well 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may just not want to complete the never-ending 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 what either party wants. The accusing party may in many cases rather settle for a little 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney 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!