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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you become injured either in an accident or by way of the negligence of others? At times problems can be solved by insurance or through a small claims court. Occasionally it’s probably best to drop it and move forward.
But perhaps you need someone to take your side. Someone who will really gun for your case. A person who will fight for your side. Then you really should retain a Nogales personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and being objective is very hard. However, keeping calm and collected can be the difference between receiving the best payment or quitting the case with nothing.
An experienced Nogales personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even fully realize the breadth of what might occur until speaking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Nogales Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity on behalf of 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 start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
A PIL usually handles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main study of a PIL is the intentional wrongful case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of law, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be 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 these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case will end up going to trial.
However, it is unusual 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 unneeded legal fees. If the liable party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A large 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 fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the never-ending 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 would rather settle for less in a guaranteed win. This, versus holding out for highest 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 PIL Duties?
First they will take care of getting 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 detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees to terms, 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 file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Nogales
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they 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!