Top Rated Negligence Car Accident Attorney Near Me in Peoria AZ For 2024
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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been injured either in an accident or by way of the negligence of someone? Sometimes problems can be resolved by personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But at times you really could use someone to take your side. Someone who will gun for your cause. A professional who will really fight for your side. Then you really need a Peoria AZ personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and seeing things objectively is difficult. But staying calm and logical can make the difference between receiving the appropriate price or quitting the case feeling like you didn’t get what you wanted.
An experienced Peoria AZ personal injury attorney can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even realize the full breadth of what’s happening until discussing the matter with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any possible claim or case.
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What is a Peoria AZ Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person may retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney accept?
A PIL generally handles a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary field of a PIL is the purposely executed wrongful 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 such situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of law, PILs nearly always 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 is no upfront payment, for consultation or otherwise. Their fee is based strictly 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 could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant 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 well-known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award sooner rather than later. 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 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 lawyer has formed 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 whether both sides reach an agreement, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney Near Me in Peoria AZ
Here at DeLozier Law, we have many 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!