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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? Many times issues can be solved by insurance or through a small claims case. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you could use someone to take your side. Someone that will really gun for you. Someone who will really fight on your side. Those are the times you really must have a Glendale AZ personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying calm and logical can be the difference between getting the best compensation or quitting the case feeling like you should have gotten a more appropriate solution.
An experienced Glendale AZ personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. Many people may not even comprehend the breadth of what could happen until speaking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Glendale AZ Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 start the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
A PIL generally tackles a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully 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 possible causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won 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 Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final 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 personal injury claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties 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 or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award in the near term rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of getting 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be 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, 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 go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Glendale AZ
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!