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Things a Common Carrier Accident Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the willful neglect of others? There are times problems can be resolved by insurance or through a small claims court. Occasionally it’s probably best to walk it off and move on.
But there are times you need someone to take your side. Someone that will really fight for your cause. Someone who will fight for your side. That’s when you really should have a Mesa personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is challenging. But staying cool and logical can be the difference between getting the best compensation that you deserve or quitting the case with a situation you will never recover from.
A Mesa personal injury professional can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the breadth of what could happen until discussing the matter with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with any possible claim or case.
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What is a Mesa Common Carrier Accident Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for 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 lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
The PIL generally takes a large variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than most other areas of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim will end up going to 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is fully 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. 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 exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 lawyer has formed 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 suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees 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 partially agrees, 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 Common Carrier Accident Injury Lawyer Near Me in Mesa
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!