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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one become hurt in an accident or by way of the willful negligence of others? At times incidents can be worked out through insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to walk it off and move forward.
But perhaps you need someone to take your side. Someone that will gun for you. Someone who will really fight for your side. Sometimes you really need a Gilbert personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the injury happened.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s a very trying time, and seeing things objectively is challenging. However, keeping calm and collected can be the difference between getting the fair price that you deserve or quitting the case broke.
A successful Gilbert personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. Many people may not even fully realize the full breadth of the situation until talking with a professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Gilbert Red light Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases would a personal injury lawyer accept?
The PIL usually tackles a large number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is nearly endless.
In addition, and completely different from most other areas of law, PILs generally work on a contingency fee basis. What this means is 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 only upon financial compensation received by their client.
What Could Happen in a Personal 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim can end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party 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 out of the news and the public eye. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award sooner 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 simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
And lastly, 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
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 attorney has formed 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 incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the defendant 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 terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Red light 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!