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Have you or a loved one become injured in an accident or through the willful negligence of others? Sure, sometimes issues can be worked out through personal insurance or through a small claims court. Occasionally it can be best to walk it off and move forward because it may cause you more headache than it is worth .
But at times you could use someone to get your back. Someone who will fight for your cause. A person who will fight on your side. Sometimes you really must have a Pima personal injury attorney 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 incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s a very trying time, and being objective is challenging. However, remaining calm and logically oriented can be the difference between getting the fair payment or quitting the case worse off than before.
A successful Pima personal injury professional can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even get the breadth of what’s happening until talking with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and whether they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Pima Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury professional when said case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
The PIL usually takes a wide variety of cases that can be divided 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 negligence or incompetence of another.
The second main field of a PIL is the intentional tort case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, separate from most other areas of law, 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 beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case 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 costs. If the defendant is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 maximum 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 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 defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Pima
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!