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Things a Non-Accident Personal Injury Lawyer Near Me does:
Have you or a loved one been hurt in an accident or through the negligence of someone? Sure, sometimes things can be worked out by personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to get your back. Someone that will gun for your cause. A person who will fight on your side. Sometimes you really need a Oro Valley personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is hard. But keeping calm and logical can make the difference between getting the appropriate compensation or leaving the case with nothing.
A successful Oro Valley personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Many people may not even realize the full breadth of what might occur until talking 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 help with your case, and help you move forward with the process of any possible case.
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What is a Oro Valley Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 initiate the lawsuit and a different civil lawyer is retained by the defendant to defend 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 health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the lawyer may file a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
The PIL generally takes a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the possible reasons for a personal injury case is pretty much 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. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is completely 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 publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
And finally, 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 the best situation for either. The plaintiff would 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 award 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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to 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 no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Oro Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!