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Duties of a Injury From Doctor Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the willful neglect of someone? Many times issues can be settled through insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But maybe you really could use someone to take your side. Someone who will gun for you. A professional who can really fight for your side. That’s when you really should have a Pima County personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is hard. However, remaining cool and collected can make the difference between receiving the fair payment that you deserve or dropping the case with a situation that you will not like at all.
An experienced Pima County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the implications of what’s happening until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with any potential claim.
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What is a Pima County Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party may retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and more.
After the lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the legal professional could fie a lawsuit in response. But what kinds of cases could a personal injury attorney fight for?
A PIL usually takes a wide number of cases that can be divided into two primary 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 negligence or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is 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 otherwise. Their fee is based just 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 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 just flat-out refused that a case could potentially end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is completely 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 settling the case will keep it low profile. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything 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 for either. The accusing party would rather settle for a little 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 give a much lesser amount due to unknown circumstances pretrial.
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 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 requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor 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!