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Duties of a PTSD Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or through the negligence of others? Sure, sometimes issues can be solved by personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to have your back. Someone who will really fight for your cause. A person who can fight on your side. Then you really should have a Marana personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and being objective is difficult. But remaining calm and logically oriented can make the difference between receiving the proper payment or dropping the case worse off than before.
An experienced Marana personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the facts of what might occur until discussing the matter with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Marana PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury attorney take?
A PIL generally tackles a large number of cases falling into two main 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 is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main study of a PIL is the intentional tort case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes 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 getting 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 case may very well end up going to trial.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is 100% 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may just 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 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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only 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 PTSD Injury 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!