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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or through the willful neglect of someone? Sure, sometimes issues can be settled through personal insurance or through a small claims case. If it is very minor it’s probably best to drop it and get on with your life.
But maybe you could use someone to have your back. Someone that will gun for your case. Someone who can fight for your side. Those are the times you really should retain a Nogales personal injury professional that will fight for your rights, both financial and individually, so you can get back to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But staying calm and collected can be the difference between receiving the appropriate price that you deserve or quitting the case a permanently awful situation.
A successful Nogales personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even fully realize the full breadth of the situation until discussing the matter with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with any potential case.
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What is a Nogales Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the legal professional will consider filing a lawsuit in response. But what cases could a personal injury lawyer fight for?
A PIL generally takes a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be caused by 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.
The other main field of a PIL is the purposely executed tort case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes 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 an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up going to trial.
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 unneeded legal costs. If the other party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may simply not want to complete 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 for the best. The plaintiff 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 lawyer has built 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 suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Nogales
Here at DeLozier Law, we have many 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!