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Duties of a Negligence Car Accident Attorney Near Me:
But maybe you really could use someone to take your side. Someone who will really gun for you. A professional who will fight on your side. Then you really need a Tolleson personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is challenging. But remaining calm and logically oriented can make the difference between receiving the best payment that you deserve or dropping the case with no money.
An experienced Tolleson personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Many people may not even get the facts of what’s happening until discussing the matter with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any possible claim.
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What is a Tolleson Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally 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 another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
The PIL generally takes a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 other primary field of a PIL is the purposely executed injustice 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. As you can tell the potential reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas of law, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could 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 unacceptable that a case may very well end up going to court.
However, it is rare 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 unnecessary legal costs. If the defending party is completely 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer 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 incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Tolleson
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 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!