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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the neglect of someone? Sometimes incidents can be solved through insurance or through a small claims case. If it is very minor it can be best to forget about it and get on with your life.
But perhaps you could use someone to get your back. Someone who will really gun for you. A person who can really fight on your side. Then you really should have a Paradise Valley personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is hard. However, keeping calm and logically oriented can make the difference between receiving the proper payment or leaving the case with a situation you will never recover from.
A great Paradise Valley personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of what could happen until talking with a professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move ahead with any potential claim.
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What is a Paradise Valley Common Carrier Accident Injury Attorney?
Well, 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 money 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
A PIL generally handles a wide variety of cases that can be separated 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 another.
The second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up in front of a judge.
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 party that is liable is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award sooner rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the 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.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Paradise Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!