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What a Body Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the willful neglect of someone? There are times issues can be solved through insurance or through a small claims court. Occasionally it can be probably best to drop it and move forward.
But at times you need someone to take your side. Someone that will fight for you. A professional who can fight on your side. Those are the times you really need a Tucson 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 happened.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is nearly impossible. However, keeping calm and logical can make the difference between getting the proper compensation or going home worse off than before.
A successful Tucson personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the implications of what might occur until sitting down with a professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Tucson Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 begin the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer 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 can be found, get any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, 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 lawyer take on?
A PIL usually tackles a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 other primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal universe, 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 strictly upon financial compensation received by their client.
What Are the Implications 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 totally unacceptable that a claim may 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 several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. 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 even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. 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 of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Tucson
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 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!