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What a Common Carrier Accident Injury Lawyer Near Me does:
But there are times you really could use someone to take your side. Someone that will gun for your cause. Someone who can fight on your side. Then you really should retain a Surprise personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is challenging. However, remaining cool and logical can be the difference between getting the appropriate price that you deserve or dropping the case with no money.
An experienced Surprise personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even get the implications of what’s happening until discussing the matter with a professional. That person can help you see all of this in a more objective light, determine the claim 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 Surprise Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally retained 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 another person, a civil attorney is usually hired to bring 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 retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to your claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take?
A PIL usually tackles a wide variety of cases that can be divided into two primary categories. 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 carelessness or incompetence of another person.
The other primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications 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 receiving 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 case can 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete 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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or only 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 Common Carrier Accident Injury Lawyer Near Me in Surprise
Here at DeLozier Law, we have over 4 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!