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Duties of a PTSD Injury Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the neglect of others? At times things can be worked out by personal insurance or through a small claims court. If it is very minor it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But perhaps you really could use someone to take your side. Someone that will gun for your cause. Someone who can fight on your side. That’s when you really must have a Oro Valley personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, staying calm and logically oriented can make the difference between getting the fair payment or quitting the case with no money.
An experienced Oro Valley personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even comprehend the implications of what could happen until discussing the matter with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with any potential claim or case.
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What is a Oro Valley PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take?
A PIL generally tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 negligence or incompetence of another.
The other primary field of a PIL is the intentional tort case. A purposeful tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to most other fields of the legal universe, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up going to trial.
However, it is rare 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 unnecessary legal costs. If the party that is liable 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials 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 compensation sooner rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 the best situation for either. 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 claim completely or having a judge or jury give a much lesser amount.
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 lawyer 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 happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful PTSD Injury Lawyer Near Me in Oro Valley
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 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!