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Duties of a Car Accidents Caused by Negligence Lawyer:
Has a loved one or you been hurt in an accident or by way of the willful negligence of someone? Many times things can be worked out through insurance or through a small claims case. Occasionally it’s a good idea to walk it off 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 get your back. Someone that will fight for you. Someone who will really fight on your side. Those are the times you really should have a Mesa personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping cool and logical can make the difference between getting the proper payment that you deserve or going home feeling like you didn’t get what you wanted.
A successful Mesa personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the facts of what could happen until conversing with a legal professional. An attorney can help you see all of this objectively, determine the claim and whether they can be of service, and help you move ahead with any possible claim or case.
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What is a Mesa Car Accidents Caused by Negligence Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for 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 a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and more.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL usually takes a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the purposely executed tort case. A purposeful tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal universe, 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 overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 unacceptable that a case may very well end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants 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 simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 Duties?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Mesa
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!