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Things a Car Accident Lawyer does:
Have you or a loved one become injured in an accident or through the willful neglect of others? There are times things can be settled through insurance or through a small claims court. If it is very minor it can be best to forget about it and get on with your life because it may cause you more headache than it is worth .
But there are times you really need someone to have your back. Someone who will really gun for your case. A person who will fight on your side. Then you really should have a Maricopa personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is very hard. But keeping cool and logically oriented can make the difference between receiving the best payment that you deserve or leaving the case broke.
An experienced Maricopa personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the full breadth of what’s happening until discussing the matter with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with any possible case.
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What is a Maricopa Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
A PIL usually tackles a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 another.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case can end up in 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The plaintiff may in many cases 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 claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Car Accident Lawyer in Maricopa
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!