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Things a Body Injury Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or through the neglect of others? There are times problems can be determined through insurance or through a small claims case. Occasionally it can be probably best to forget about it and move forward because it may cause you more headache than it is worth .
But sometimes you need someone to take your side. Someone who will really fight for you. A professional who can really fight for your side. Sometimes you really need a Nogales personal injury lawyer 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 happened.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s a very trying time, and being objective is challenging. But keeping cool and logically oriented can be the difference between getting the best payment that you deserve or leaving the case empty handed.
A Nogales personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the breadth of what might occur until talking with a professional. That person can help you realize all of this objectively, determine the claim and whether they can be of service, and help you move ahead with any potential case.
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What is a Nogales Body 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 generally retained to recover money or other financial means 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 initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to your case, and use all their available 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 attorney could fie a lawsuit in response. But what kinds of cases could a personal injury lawyer take on?
A PIL usually handles a large number of cases falling 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. 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 uncaring state or incompetence of a person.
The second main study of a PIL is the intentional injustice case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in 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 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 do not get agreed upon or an offer is totally unacceptable that a personal injury claim could potentially end up going to court.
However, 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 unneeded legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award sooner rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 of benefit to 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 taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Nogales
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!