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Things a Car Accident Lawyer does:
Has a loved one or you been injured in an accident or by way of the willful neglect of others? Sure, sometimes problems can be dealt with by insurance or through a small claims court. Every once in a while it’s best to drop it and move on.
But sometimes you really could use someone to take your side. Someone that will really fight for you. Someone who can really fight for your side. Those are the times you really need a Maricopa County personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is challenging. But remaining calm and collected can make the difference between receiving the best price or leaving the case feeling incompetent.
An experienced Maricopa County personal injury attorney can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the full breadth of what’s happening until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with the process of any possible case.
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What is a Maricopa County Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, 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 someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney may file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally takes a wide number of cases that fall into two main 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 uncaring state or incompetence of another person.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the 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 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 unacceptable 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 in the best interest of either party. 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 claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of gathering 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 detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim in front of a judge. 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 no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accident Lawyer in Maricopa County
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!