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Things a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you been injured either in an accident or by way of the negligence of someone? Sometimes issues can be resolved through insurance or through a small claims court. If it is not worth fighting for it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to get your back. Someone that will fight for you. A professional who can fight for your side. Then you really must have a Fountain Hills personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and being objective is difficult. However, keeping cool and logically oriented can be the difference between getting the proper price that you deserve or quitting the case a permanently awful situation.
An experienced Fountain Hills personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Most people may not even realize the full breadth of the situation until speaking with a legal professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Fountain Hills Car Accidents Caused by Negligence Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
The PIL usually takes a large number of cases that can be divided into two primary fields. 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 else.
The second primary study of a PIL is the purposely executed injustice case. An intentional tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, which is different than most other fields of the legal universe, 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 overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is completely 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 settling the case will keep it on the DL. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may just 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 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for 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 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 legal professional has formed 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 suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Fountain Hills
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!