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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become injured in an accident or by way of the willful neglect of others? At times issues can be worked out by insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and get on with your life.
But perhaps you need someone to get your back. Someone that will gun for your case. Someone who can really fight on your side. That’s when you really must have a Gilbert personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. However, keeping cool and logically oriented can make the difference between receiving the fair compensation that you deserve or leaving the case with no recourse.
A great Gilbert personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the implications of what could happen until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and whether they can be of service, and help you move forward with the process of any possible claim.
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What is a Gilbert Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party will hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
A PIL generally tackles a wide number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up in front of a judge.
However, it is unusual 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 costs. If the party that is liable is fully 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 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 publicly known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 what either party wants. The accusing party may in many cases rather settle for a little 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 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 defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me 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!