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Duties of a Auto Accident Lawyers Near Me:
Have you or a loved one become injured in an accident or by way of the negligence of someone? Sure, sometimes problems can be solved by insurance or through a small claims case. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you really could use someone to have your back. Someone who will really fight for your case. Someone who will really fight for your side. Then you really should have a Surprise 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 before the incident happened.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is challenging. However, staying calm and collected can be the difference between getting the appropriate payment that you deserve or dropping the case with your tail between your legs.
A great Surprise personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. Most people may not even realize the breadth of what might occur until talking with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any potential claim.
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What is a Surprise Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation doesn’t work, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
A PIL usually tackles a wide variety of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair 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 could potentially end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded 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 may 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 on the down low. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Auto Accident Lawyers Near Me in Surprise
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 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!