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Have you or a loved one become hurt either in an accident or through the neglect of others? Sometimes incidents can be solved through insurance or through a small claims court. If it is very minor it’s a good idea to forget about it and move forward.
But sometimes you really could use someone to take your side. Someone who will fight for your cause. A professional who will really fight for your side. Those are the times you really should retain a Marana personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is hard. However, staying cool and logical can be the difference between getting the best payment that you deserve or going home broke.
A successful Marana personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even comprehend the facts of the situation until talking with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with any possible claim.
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What is a Marana Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person can hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what cases could a personal injury lawyer take?
A PIL usually tackles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 second primary study of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to most other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be 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 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 claim can 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. 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 payment in the near term rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, 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 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 Elder Abuse Lawyer Near Me in Marana
Here at DeLozier Law, we have many 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!