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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become injured either in an accident or through the neglect of others? Sometimes issues can be resolved through insurance or through a small claims court. Every once in a while it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to take your side. Someone that will really fight for your cause. Someone who can fight for your side. Those are the times you really must have a Phoenix personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining cool and logical can make the difference between getting the fair payment or leaving the case broke.
A Phoenix personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. Many people may not even realize the breadth of the situation until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move forward with the process of any potential case.
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What is a Phoenix Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity for 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 start the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party may hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the legal professional could fie a lawsuit in response. But what cases does a personal injury attorney accept?
The PIL generally tackles a large number of cases that can be divided into two primary 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 can be caused by 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 someone.
The other main study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from most other areas of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not getting 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 could potentially 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award sooner rather than later. Or they may just not want to go through 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 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 the best situation for either. 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 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Negligence Car Accident Attorney Near Me in Phoenix
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!