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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt in an accident or through the neglect of someone? There are times things can be dealt with through insurance or through a small claims court. If it is extremely minor it’s probably best to forget about it and move on because it may cause you more headache than it is worth spending your time on.
But perhaps you really could use someone to take your side. Someone that will really fight for your cause. A person who will really fight on your side. Sometimes you really must have a Oro Valley personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and seeing things objectively is difficult. But remaining calm and logically oriented can make the difference between receiving the proper compensation that you deserve or going home feeling like you didn’t get what you wanted.
An experienced Oro Valley personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even understand the full breadth of what could happen until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and whether or not they can be of service, and help you move ahead with the process of any potential claim.
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What is a Oro Valley Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally 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 lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
A PIL usually handles a large number of cases that can be divided 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. Wrongful death can be 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 else.
The second main field of a PIL is the purposely executed tort case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in 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 Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. 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 just not want to finish the never-ending 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 accusing party may in many cases rather settle for 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.
What are the PIL 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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will 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 put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Oro Valley
Here at DeLozier Law, we have over 4 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!