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Things a Common Carrier Accident Injury Lawyer Near Me does:
Have you or a loved one become injured either in an accident or through the negligence of someone? Many times incidents can be resolved by personal insurance or through a small claims case. Every once in a while it’s probably a good idea 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 maybe you really need someone to have your back. Someone who will fight for your cause. Someone who will really fight on your side. That’s when you really should have a Tempe personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is challenging. But staying cool and collected can make the difference between receiving the best payment or quitting the case with your tail between your legs.
A great Tempe personal injury professional can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Many people may not even understand the implications of the situation until discussing the matter with a legal professional. An attorney 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 possible claim or case.
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What is a Tempe Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything from 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 case, and use all available resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
A PIL generally takes a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 uncaring state or incompetence of someone.
The second main field of a PIL is the intentional tort case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is totally aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award sooner 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 simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 formed 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Tempe
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!