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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? There are times issues can be worked out through personal insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and move on.
But at times you really need someone to take your side. Someone who will fight for your cause. A person who can fight for your side. Sometimes you really need a Pima personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is challenging. But keeping cool and logical can be the difference between getting the appropriate payment that you deserve or leaving the case with your tail between your legs.
A successful Pima personal injury professional can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even understand the potential consequences of the situation until speaking with a professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Pima Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally retained 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 lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
A PIL generally takes a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be 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 person.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats 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 can 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 claim will end up going to court.
However, 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 costs. If the liable party is 100% 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 on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible 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 everything else that is required to win a legal battle.
And lastly, 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. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 finding 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 occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turns out, chooses 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 all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Pima
Here at DeLozier Law, we have over 4 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!