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Duties of a Plane Personal Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or through the negligence of others? Sometimes problems can be settled through personal insurance or through a small claims case. If it is extremely minor it’s best to forget about it and move forward.
But maybe you need someone to take your side. Someone who will gun for you. A person who can really fight for your side. Then you really should have a Pima County personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or negligence is not ever fun. It’s an emotional time, and being objective is difficult. However, remaining cool and logical can make the difference between receiving the proper price that you deserve or leaving the case with no settlement.
An experienced Pima County personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the full breadth of what could happen until speaking with a 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 possible claim or case.
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What is a Pima County Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party could hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
A PIL usually takes a wide variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary field of a PIL is the intentional injustice case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 could 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 unacceptable that a claim will end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is completely aware that they are at fault for the incident that led to the claim, they probably do 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 on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 gathering 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 happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Pima County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!