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Things a Body Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the neglect of someone? At times problems can be worked out by personal insurance or through a small claims court. If it is extremely minor it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But maybe you really need someone to get your back. Someone that will fight for you. A person who can fight on your side. Sometimes you really must have a Pima personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. However, keeping calm and collected can make the difference between receiving the fair compensation or quitting the case feeling like you didn’t get what you wanted.
A successful Pima personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the potential consequences of the situation until speaking with a 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 help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Pima Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 someone else, a civil lawyer is usually hired to start 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 could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney fight for?
The PIL usually handles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 carelessness or incompetence of another.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is nearly endless.
In addition, separate from nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is 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 otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case can 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 settlement can help keep the case on the down low. This is especially important for well-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 is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 the best situation for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the 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 defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Pima
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 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!