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Has a loved one or you become hurt either in an accident or through the neglect of others? Sure, sometimes problems can be resolved through personal insurance or through a small claims court. Occasionally it’s a good idea to forget about it and get on with your life.
But there are times you really could use someone to take your side. Someone who will gun for your case. A person who will fight for your side. That’s when you really should have a Marana personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not a good time. It’s an emotional time, and seeing the situation objectively is nearly impossible. But staying calm and logically oriented can make the difference between getting the fair compensation that you deserve or dropping the case a permanently awful situation.
An experienced Marana personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what’s happening until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with any potential case.
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What is a Marana Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 bring the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
A PIL generally tackles a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 uncaring state or incompetence of someone.
The other primary study of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is basically endless.
In addition, and completely different from most other areas of the legal world, personal injury attorneys almost always 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 won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim can end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, 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 go to court.
Choose the Successful Wrongful Death Lawyer Near Me in Marana
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!