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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of others? Sure, sometimes incidents can be settled by insurance or through a small claims court. Every once in a while it’s best to walk it off and move forward.
But at times you could use someone to take your side. Someone that will really fight for your cause. A person who can fight for your side. Sometimes you really must have a Payson personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is nearly impossible. However, staying cool and collected can make the difference between getting the appropriate payment that you deserve or dropping the case with a situation that you will not like.
An experienced Payson personal injury professional can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what might occur until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with any possible claim.
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What is a Payson Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets 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 begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be separated into two primary categories. 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 another person.
The second main field of a PIL is the intentional injustice case. A purposeful tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is essentially endless.
In addition, and completely different from most other areas 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 wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 wind up floating back and forth in limbo or an offer is unacceptable that a claim will 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is 100% 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation for either. The plaintiff 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.
What are the PIL Tasks?
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 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 requested.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not all of them or only is in partial agreement, 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 file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Payson
Here at DeLozier Law, we have over 4 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!