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Has a loved one or you become injured in an accident or through the neglect of someone? There are times problems can be settled through personal insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to take your side. Someone who will fight for your cause. A person who will really fight for your side. Then you really need a Oro Valley personal injury professional that will fight for your rights, both financial and individually, so you can roll back 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. But keeping calm and logical can be the difference between getting the proper compensation that you deserve or going home feeling horrible.
A Oro Valley personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even comprehend the potential consequences of the situation until discussing the matter with a legal professional. An attorney can help you realize 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 Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney take on?
The PIL generally tackles a wide variety of cases that can be separated 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. 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 someone else.
The second primary study of a PIL is the intentional injustice case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. 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 these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is totally 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 settling the case will keep it on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation sooner rather than later. Or they may just not want to finish the exhausting 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 in the best interest of either party. 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 risking either losing the court case or having a judge or jury award a much lesser amount.
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 formed 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 requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim 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 Nursing Home Abuse Lawyer Near Me in Oro Valley
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!