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Has a loved one or you become injured in an accident or by way of the negligence of others? Many times issues can be resolved by insurance or through a small claims case. Every once in a while it’s probably a good idea to drop it and get on with your life.
But at times you really could use someone to get your back. Someone that will fight for your cause. A professional who can fight for your side. Sometimes you really should retain a Pima County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is difficult. However, keeping calm and collected can make the difference between receiving the best price or going home feeling like you didn’t get what you wanted.
A successful Pima County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Most people may not even fully realize the potential consequences of what might occur until speaking with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Pima County Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney take?
A PIL usually handles a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 carelessness or incompetence of a person.
The second primary study of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of law, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 of benefit to either party. The accusing party would rather settle for a little 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 due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of locating 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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides 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. 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 all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer Near Me in Pima County
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 602-989-1759!