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Duties of a Car Accident Lawyer:
Has a loved one or you become injured in an accident or by way of the negligence of someone? There are times incidents can be determined by personal insurance or through a small claims case. If it is not worth fighting for it can be a good idea to forget about it and move on.
But at times you need someone to take your side. Someone who will really fight for your case. Someone who will really fight on your side. Then you really should retain a Queen Creek personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But staying cool and logically oriented can make the difference between receiving the best payment or quitting the case with a situation you will never recover from.
An experienced Queen Creek personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what could happen until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move forward with any possible claim or case.
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What is a Queen Creek Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
The PIL usually tackles a wide number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 a person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than most other fields of law, personal injury attorneys 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 otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim can end up in front of a judge.
However, 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 unnecessary legal costs. If the defendant is completely 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 settlement can help keep the case on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 of benefit to either party. The accusing party may in many cases rather settle for a little 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 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Queen Creek
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!