Top Rated Common Carrier Accident Injury Lawyer Near Me in Gilbert For 2024
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What a Common Carrier Accident Injury Lawyer Near Me does:
Have you or a loved one become injured either in an accident or through the neglect of someone? Sometimes problems can be solved through insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to take your side. Someone who will fight for your cause. A professional who can really fight for your side. Then you really need a Gilbert personal injury attorney 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 prior to when the incident happened.
Being victimized by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is difficult. But staying calm and logical can be the difference between receiving the proper payment that you deserve or quitting the case empty handed.
An experienced Gilbert personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the potential consequences of what might occur until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Gilbert Common Carrier Accident Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person might hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
The PIL usually handles a wide variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main field of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just 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 so simple. The injured party could send back a 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 just flat-out refused that a claim may very well end up in front of a judge.
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 unneeded legal fees. If the defendant 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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. The accusing party would rather settle for a little 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Gilbert
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!