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What a Car Accident Lawyer does:
But sometimes you need someone to take your side. Someone that will really gun for you. A professional who will really fight on your side. Then you really need a Pima personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is nearly impossible. But keeping cool and logically oriented can make the difference between getting the best compensation that you deserve or leaving the case feeling like you should have gotten a better deal.
A Pima personal injury professional can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. Most people may not even get the facts 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 the potential of a claim and how they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Pima Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for 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 begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
A PIL usually tackles 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 someone.
The other main study of a PIL is the purposely executed injustice case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal world, PILs 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 overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these 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 unacceptable that a case may very well end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party 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 give much larger damages.
Secondly, a settling the case will keep it low profile. 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 provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. 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. Or they may just not want to finish the never-ending 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 for the best. The plaintiff may in many cases rather settle for 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 Personal Injury Lawyer’s Tasks?
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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. 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 of the terms but not all of them or is in partial agreement to terms, 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 Car Accident Lawyer in Pima
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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 602-464-9666!