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Duties of a Car Accidents Caused by Negligence Lawyer:
Have you or a loved one been injured either in an accident or through the neglect of someone? Sometimes problems can be resolved by personal insurance or through a small claims court. Occasionally it’s best to forget about it and get on with your life because it may cause you more headache than it is worth .
But perhaps you need someone to take your side. Someone who will gun for you. Someone who will really fight for your side. That’s when you really must have a Phoenix personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life before the injury happened.
Being injured by a crime, accident, or negligence is never fun. It’s a very trying time, and seeing the situation objectively is difficult. But keeping cool and logically oriented can make the difference between getting the appropriate compensation or quitting the case with no settlement.
A Phoenix personal injury legal representative can act as an advocate between you and the near-impossible 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 get the full breadth of what might occur until discussing the matter with a professional. An attorney can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Phoenix Car Accidents Caused by Negligence Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin 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 professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation falls through, the lawyer could fie a lawsuit in response. But what cases would a personal injury lawyer accept?
A PIL generally takes a wide variety of cases that fall into two primary categories. 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 uncaring state or incompetence of another person.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas 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 has beaten the case. It means that there is 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 these final steps of the process aren’t so simple. The injured party can 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 just flat-out refused that a case will end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is fully 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 award much larger damages.
Secondly, a settling the case will keep it 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 provoke unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to go through 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 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 a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Phoenix
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!