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Duties of a Car Accident Lawyer:
But at times you could use someone to get your back. Someone that will really gun for your case. A professional who will fight on your side. Those are the times you really should have a Peoria AZ personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is challenging. However, staying cool and logical can be the difference between getting the proper payment or quitting the case with nothing.
An experienced Peoria AZ personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the facts of what could happen until talking with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Peoria AZ Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity on behalf of 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 initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
The PIL usually tackles a large variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of the legal world, 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 is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 totally unacceptable that a personal injury claim may end up in front of a judge.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is totally 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 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. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 in the best interest of either party. 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 court case or having a judge or jury award a much lesser amount.
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Peoria AZ
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!