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What a Car Accident Lawyer does:
But perhaps you really need someone to take your side. Someone that will really gun for your case. Someone who will fight on your side. Those are the times you really need a El Mirage personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and being objective is difficult. However, remaining calm and collected can make the difference between receiving the appropriate price or quitting the case a permanently awful situation.
A great El Mirage personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even comprehend the breadth of the situation until talking with a legal professional. That person can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible case.
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What is a El Mirage Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional can file a lawsuit in response. But what cases could a personal injury attorney take?
The PIL usually takes a large variety of cases that can be separated into two primary 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 at the hands of 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 someone.
The second primary study of a PIL is the intentional wrongful case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, separate from most other fields of law, personal injury lawyers usually 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 should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough 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 may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only 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 payment in the near term rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 in the best interest of either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim in front of a judge. 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 El Mirage
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!