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What a Car Accident Lawyer does:
But maybe you could use someone to get your back. Someone that will gun for your case. A professional who will fight on your side. Those are the times you really need a Gilbert personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. However, keeping calm and logically oriented can be the difference between receiving the fair price or quitting the case with a situation that you will not like at all.
A successful Gilbert personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the facts of the situation until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with the process of any potential case.
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What is a Gilbert Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can retain a personal injury lawyer when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take?
A PIL usually tackles a large variety 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. 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 negligence or incompetence of another person.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposely hurts 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 potential causes for a personal injury case is nearly endless.
In addition, separate from nearly all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim can 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 party that is liable 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 out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 for either. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Gilbert
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!