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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become injured in an accident or through the neglect of others? Sure, sometimes things can be determined by personal insurance or through a small claims court. Occasionally it can be a good idea to forget about it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you need someone to take your side. Someone who will fight for you. Someone who will fight on your side. Those are the times you really should have a Nogales personal injury professional 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 occurred.
Being harmed by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is challenging. But remaining calm and logical can make the difference between getting the proper compensation or leaving the case feeling incompetent.
An experienced Nogales personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of what’s happening until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move forward with any possible claim or case.
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What is a Nogales Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer 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 said dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer 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 can be contacted, get any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases does a personal injury lawyer take on?
The PIL usually handles a wide variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 another.
The other primary field of a PIL is the intentional wrongful case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal universe, PILs nearly always work on a contingency fee basis. This means 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% 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 on the DL. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply 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 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 plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest 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 PIL 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 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 suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Nogales
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!