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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the willful neglect of someone? Sometimes incidents can be resolved through insurance or through a small claims case. Occasionally it’s a good idea to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to take your side. Someone that will really gun for your cause. A professional who can really fight on your side. Then you really must have a Maricopa personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is nearly impossible. But remaining calm and logical can make the difference between getting the proper payment or quitting the case worse off than before.
A great Maricopa personal injury attorney can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even realize the full breadth of what could happen until speaking with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with any potential claim.
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What is a Maricopa Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover money 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 start the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to your case, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
The PIL generally takes a large variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other areas of law, personal injury attorneys 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon 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 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 personal injury claim could potentially end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 give 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 big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term 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 just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has built 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 attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the 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 decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Maricopa
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!