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What a Hurt in a Wreck Lawyer does:
But there are times you really could use someone to get your back. Someone that will gun for your case. A person who will really fight on your side. Then you really must have a Oro Valley personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is difficult. But staying cool and logically oriented can make the difference between receiving the proper price or going home with nothing.
A Oro Valley personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of the situation until talking with a legal professional. That person can help you see all of this objectively, determine if a claim exists and whether or not they can help with your case, and help you move ahead with any potential claim.
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What is a Oro Valley Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person may retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the attorney 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 can be contacted, get any and all documents in relation to the case, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally takes a large number of cases that fall into two main 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 carelessness or incompetence of a person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. What this means is 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 any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a personal injury claim could potentially end up in front of a judge.
But 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 unnecessary legal fees. If the defendant 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Oro Valley
Here at DeLozier Law, we have over 4 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!