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What a Car Accident Lawyer does:
Has a loved one or you become injured either in an accident or through the neglect of someone? Sure, sometimes things can be resolved by insurance or through a small claims court. Every once in a while it’s a good idea to drop it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you really need someone to take your side. Someone who will fight for you. Someone who will fight for your side. Then you really should retain a South Tucson personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. However, keeping cool and collected can make the difference between receiving the proper payment or leaving the case with no settlement.
A South Tucson personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the breadth of the situation until talking with a legal professional. An attorney can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with any potential claim.
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What is a South Tucson Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 initiate the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the legal professional will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally takes a wide number 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. Wrongful death can be caused by 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.
The second primary field of a PIL is the intentional injustice case. An intentional tort happens when one person willfully hurts 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 potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of law, PILs usually work on a contingency fee basis. What this means is 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 otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a 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 unacceptable that a case will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is fully 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 out of the news and the public eye. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. 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 ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
And lastly, 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 plaintiff 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 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 whether a settlement is reached, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Car Accident Lawyer in South Tucson
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!