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Have you or a loved one become injured in an accident or through the neglect of others? Sure, sometimes issues can be solved through personal insurance or through a small claims case. If it is extremely minor it’s probably a good idea to drop it and move on.
But sometimes you really could use someone to get your back. Someone that will gun for your case. A professional who will fight for your side. Those are the times you really should retain a Oro Valley personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, staying calm and collected can make the difference between receiving the fair compensation or dropping the case feeling like you should have gotten a better deal.
An experienced Oro Valley personal injury professional can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even understand the facts of what could happen until speaking with a legal professional. That person can help you see all of this in a more objective light, 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 or case.
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What is a Oro Valley Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin 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 party will hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all their potential 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 attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
The PIL usually tackles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, and completely different from most other fields of the legal universe, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is fully 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. 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 provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 lawyer has formed 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 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, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Sexual Abuse Lawyer Near Me in Oro Valley
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!