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Duties of a Auto Accident Lawyers Near Me:
Have you or a loved one become hurt in an accident or by way of the willful neglect of others? Sometimes issues can be determined through insurance or through a small claims case. Occasionally it’s best to walk it off and get on with your life.
But maybe you could use someone to take your side. Someone who will fight for your case. A person who will really fight for your side. Sometimes you really need a Oro Valley 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 before the injury happened.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is very hard. But staying calm and collected can be the difference between getting the fair price that you deserve or going home empty handed.
A great Oro Valley personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our challenging legal system. Most people may not even fully realize the breadth of what could happen until discussing the matter with a professional. That person can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any possible case.
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What is a Oro Valley Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained 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 initiate the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured person will retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
A PIL usually takes a wide number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 just flat-out refused that a personal injury claim may end up going to trial.
But 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 fees. If the defendant 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, chooses 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 no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement, 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 Auto Accident Lawyers Near Me in Oro Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!