Top Rated Car Accidents Caused by Negligence Lawyer in Gilbert For 2024
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What a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you become hurt either in an accident or through the negligence of others? Sometimes problems can be solved through insurance or through a small claims court. Every once in a while it can be best to forget about it and get on with your life.
But there are times you really could use someone to have your back. Someone that will fight for you. A person who can really fight for your side. Those are the times you really should retain a Gilbert personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. However, staying cool and logical can make the difference between getting the appropriate compensation that you deserve or dropping the case with nothing.
A great Gilbert personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Most people may not even get the potential consequences of what’s happening until sitting down with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move forward with the process of any potential case.
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What is a Gilbert Car Accidents Caused by Negligence Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation falls through, the lawyer could fie a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL generally takes a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the intentional tort case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of reasons for a personal injury case is basically endless.
In addition, unlike most other areas 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 totally unacceptable that a case will end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other 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 settling the case will keep it on the down low. This is especially important for high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term 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 just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation. The plaintiff would 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 built 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 lawyer may attempt to negotiate the settlement, and depending on how the negotiation turns out, decides if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Gilbert
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!