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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been hurt either in an accident or by way of the willful neglect of others? Sure, sometimes issues can be settled through personal insurance or through a small claims case. Occasionally it can be a good idea to forget about it and move on.
But there are times you could use someone to get your back. Someone that will fight for your cause. A professional who can fight on your side. Then you really need a Tempe personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is never a good time. It’s an emotional time, and seeing things objectively is hard. But remaining calm and logically oriented can be the difference between receiving the appropriate compensation that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Tempe personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the breadth of the situation until discussing the matter with a professional. A lawyer can help you see all of this in a more objective light, determine the 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 Tempe Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL generally handles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary study of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of law, personal injury professionals almost 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 any other service. Their fee is based only upon a percentage of the 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment 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 go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for 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 Duties?
First they will take care of locating 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 may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a case with the court. 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 Negligence Car Accident Attorney Near Me in Tempe
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!