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Have you or a loved one been hurt either in an accident or through the willful negligence of someone? Sometimes problems can be solved through insurance or through a small claims case. Every once in a while it’s probably a good idea to drop it and move on because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to take your side. Someone who will really fight for your cause. A person who will fight on your side. That’s when you really need a South Tucson personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or negligence is not ever a good time. It’s a very trying time, and seeing things objectively is challenging. However, keeping calm and collected can make the difference between getting the appropriate payment that you deserve or leaving the case feeling like you should have gotten a more appropriate solution.
An experienced South Tucson personal injury lawyer 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. Many people may not even realize the facts of what could happen until talking with a legal professional. That person can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any possible claim or case.
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What is a South Tucson Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what cases can a personal injury attorney take?
A PIL generally takes a wide variety of cases that fall into two main groups. 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 uncaring state or incompetence of a person.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from most other fields of the legal world, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 can 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 claim may very well end up in front of a judge.
However, 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant 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 on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation. 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 court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Emotional Abuse 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 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!