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Things a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been injured in an accident or through the willful neglect of others? Many times problems can be solved by insurance or through a small claims court. Occasionally it can be probably a good idea to drop it and move on.
But there are times you really need someone to have your back. Someone that will really gun for you. A person who can really fight on your side. Those are the times you really must have a South Tucson personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is difficult. However, staying cool and collected can make the difference between getting the best compensation or quitting the case with no settlement.
An experienced South Tucson personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the implications of what could happen until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move forward with the process of any possible claim.
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What is a South Tucson Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally hired 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
The PIL generally handles a large number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary study of a PIL is the intentional tort case. An intentional tort occurs when someone intentionally 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 possible reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim can end up going to trial.
However, it is rare 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 costs. If the defending party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply 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 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 for the best. The plaintiff would rather settle for a little 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in South Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!