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What a Common Carrier Accident Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? Sometimes incidents can be dealt with through insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and get on with your life.
But there are times you really could use someone to take your side. Someone who will really gun for your case. Someone who can fight on your side. Those are the times you really should retain a Sierra Vista personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is very hard. However, remaining calm and collected can make the difference between getting the proper price that you deserve or going home a permanently awful situation.
An experienced Sierra Vista personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our intense legal system. Many people may not even realize the breadth of the situation until speaking with a legal professional. That person can help you realize all of this objectively, determine the claim and how they can be of service, and help you move ahead with any potential case.
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What is a Sierra Vista Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial instruments 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
The PIL generally tackles a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a 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, and in contrast to pretty much all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim may very well end up in court.
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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely 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 gathering 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 breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses 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 settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some 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 file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Sierra Vista
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!