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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one become hurt either in an accident or through the willful neglect of others? Many times things can be determined by personal insurance or through a small claims case. Every once in a while it can be best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you need someone to take your side. Someone who will gun for your case. A person who can fight for your side. Sometimes you really should have a Wickenburg personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is difficult. But remaining cool and collected can make the difference between receiving the fair compensation that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Wickenburg personal injury attorney can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the breadth of the situation until talking with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Wickenburg Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually 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 start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take on?
A PIL generally tackles a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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.
The second main field of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of the legal universe, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly 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 so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. 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 simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Red light Car Accident Attorney near Me in Wickenburg
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!