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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the willful negligence of someone? There are times incidents can be settled by personal insurance or through a small claims case. If it is very minor it’s best to drop it and move forward.
But there are times you really need someone to have your back. Someone who will really fight for your cause. Someone who will really fight on your side. Then you really need a Pima County 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 before the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and being objective is difficult. However, remaining calm and logically oriented can make the difference between receiving the appropriate payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
A successful Pima County personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even get the full breadth of what could happen until speaking with a legal professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Pima County Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other financial means from a person or legal entity on behalf of 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 begin the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury professional when said dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
A PIL generally tackles a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, separate from nearly all other fields of law, 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 only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case will end up going to court.
However, it is unusual 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 unnecessary legal fees. If the other party is fully aware that they are at fault for the incident that led to the claim, they might 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 on the DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award 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 built 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 required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Pima County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!