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What a Hurt in a Wreck Lawyer does:
Has a loved one or you become hurt in an accident or by way of the neglect of someone? Many times things can be settled through personal insurance or through a small claims case. Occasionally it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to have your back. Someone that will really gun for your case. Someone who can fight on your side. Then you really should have a Pima County personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is difficult. But keeping calm and collected can be the difference between getting the fair compensation that you deserve or quitting the case with no money.
A great Pima County 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 legal system. If you are like most people, you may not even fully realize the full breadth of what might occur until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with any possible claim.
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What is a Pima County Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your claim, and use all their 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 could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
The PIL usually tackles a wide variety of cases that can be divided 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 else.
The second main study of a PIL is the purposefully perpetrated tort 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. In the end, the potential causes for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 totally 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of gathering 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 happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Pima County
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!