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Duties of a Negligence Car Accident Attorney Near Me:
But perhaps you could use someone to have your back. Someone who will fight for your cause. Someone who will fight on your side. That’s when you really should retain a Queen Creek personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, remaining cool and logically oriented can make the difference between getting the fair payment that you deserve or dropping the case feeling incompetent.
An experienced Queen Creek personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Many people may not even realize the breadth of the situation until sitting down with a professional. That person can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Queen Creek Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually 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 someone brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation 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 the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
The PIL generally tackles a large number of cases that can be divided into two main fields. 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 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 a person.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of law, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney Near Me in Queen Creek
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!