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Duties of a Car Accident Lawyer:
But there are times you really could use someone to get your back. Someone who will really fight for your case. Someone who can really fight on your side. Those are the times you really must have a Phoenix personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or negligence is not fun. It’s a very trying time, and being objective is hard. But staying cool and logical can be the difference between getting the proper price or quitting the case feeling incompetent.
An experienced Phoenix personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the full breadth of the situation until speaking with a legal professional. A lawyer can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with any possible claim or case.
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What is a Phoenix Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues caused by 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 entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
The PIL generally tackles a wide variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other primary field of a PIL is the intentional tort case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 Could Happen in a Personal 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 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 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Phoenix
Here at DeLozier Law, we have many 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!