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Have you or a loved one become injured in an accident or by way of the willful negligence of others? Sometimes incidents can be settled through personal insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and move forward.
But there are times you could use someone to take your side. Someone who will gun for your cause. A professional who will really fight on your side. Then you really should retain a Tucson personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is challenging. However, keeping cool and logical can make the difference between receiving the best payment or leaving the case with a situation you will never recover from.
A Tucson personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of what’s happening until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine the 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 Tucson Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained 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 someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party may hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents related to the case, and use all their potential resources to make sure 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 kinds of cases does a personal injury attorney fight for?
The PIL usually takes a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won 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 Happen in a Personal 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait. 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 win a legal battle.
And lastly, 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 for the best. The plaintiff may in many cases 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 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Emotional Abuse Lawyer Near Me in Tucson
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!