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Things a Common Carrier Accident Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or through the negligence of someone? At times problems can be settled through personal insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and get on with your life.
But there are times you really need someone to take your side. Someone that will really gun for your cause. A professional who can fight on your side. Then you really should have a Phoenix personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being hurt by a crime, accident, or negligence is not fun. It’s a very trying time, and being objective is nearly impossible. But staying calm and collected can make the difference between getting the proper compensation or dropping the case broke.
An experienced Phoenix personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of the situation until discussing the matter with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Phoenix Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually retained 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
The PIL usually takes a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 another.
The other primary field of a PIL is the intentional tort case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a 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 case can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term 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 simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Phoenix
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 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!