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Has a loved one or you become hurt either in an accident or by way of the willful neglect of others? Many times things can be settled by personal insurance or through a small claims court. If it is not worth fighting for it can be best to forget about it and get on with your life.
But perhaps you need someone to get your back. Someone that will really gun for your case. Someone who will really fight for your side. Those are the times you really should have a Oro Valley personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and seeing things objectively is very hard. However, remaining calm and logically oriented can be the difference between getting the best payment or quitting the case with a situation that you will not like.
A Oro Valley personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what’s happening until discussing the matter with a professional. A legal adviser can help you see 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 ahead with any potential claim.
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What is a Oro Valley Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to your case, and use all their possible resources to make sure all of their is accurate.
Then they 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 would a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal universe, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 so simple. The injured party can 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 may end up in front of a judge.
But 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is 100% 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. 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 agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation works out, decides if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Oro Valley
Here at DeLozier Law, we have many 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!