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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the willful negligence of others? At times issues can be resolved through insurance or through a small claims court. Occasionally it can be best to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to take your side. Someone who will gun for your case. A professional who will fight for your side. Then you really should retain a Willcox personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping cool and logical can be the difference between receiving the best price or dropping the case feeling like you didn’t get what you wanted.
A great Willcox personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. Many people may not even understand the potential consequences of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move ahead with any possible claim.
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What is a Willcox Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 another civil attorney is retained by the defendant 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 coming from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to your case, and use all available 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 negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
A PIL generally takes a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary study of a PIL is the purposely executed tort case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon 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 can 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 claim could potentially end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 settling the case will keep it on the down low. This is especially important for high profile 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 all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The accusing party 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 give a much lesser amount.
What are the PIL Duties?
First they will take care of finding 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 opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine 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 Willcox
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!