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Duties of a Auto Accident Lawyers Near Me:
Have you or a loved one been hurt in an accident or through the negligence of someone? Sometimes incidents can be solved by personal insurance or through a small claims case. If it is not worth fighting for it can be a good idea to drop it and get on with your life.
But perhaps you need someone to take your side. Someone who will gun for you. A person who will really fight on your side. Then you really must have a Pima personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is challenging. However, keeping cool and logical can make the difference between receiving the best price that you deserve or going home feeling like you should have gotten a better deal.
A great Pima personal injury professional can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Many people may not even understand the breadth of what might occur until sitting down with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Pima Auto Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury professional when the case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
A PIL generally handles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 carelessness or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much 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 should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 unacceptable that a claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is fully aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them 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 go to court.
Choose the Successful Auto Accident Lawyers Near Me in Pima
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!