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What a Body Injury Lawyer Near Me does:
Have you or a loved one been injured either in an accident or by way of the negligence of someone? Many times issues can be solved through insurance or through a small claims court. Every once in a while it can be best to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to get your back. Someone that will gun for your case. A person who will really fight on your side. Those are the times you really need a Marana personal injury attorney that will fight for your rights, both in regards to money and individually, 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 never a good time. It’s an extremely trying time, and seeing things objectively is nearly impossible. But remaining cool and logical can make the difference between receiving the appropriate payment that you deserve or dropping the case broke.
An experienced Marana personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. Most people may not even realize the potential consequences of what’s happening until speaking with a professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and whether or not 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 Marana Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity on behalf of 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 start the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney accept?
A PIL usually takes a large 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. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main field of a PIL is the intentional injustice case. An intentional tort happens when someone willfully hurts 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 causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal world, personal injury lawyers generally 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 otherwise. 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 so simple. The injured party could 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 unacceptable that a case can end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award sooner rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case 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 attorney 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 requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, it will be up to the plaintiff to determine 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 Marana
Here at DeLozier Law, we have over 4 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!